North Carolina § 7B-1103 - Who may file a petition or motion.

§ 7B-1103. Who may file a petition or motion.

A petition or motion to terminate the parental rights of either or both parents to his, her, or their minor juvenile may only be filed by one or more of the following: Either parent seeking termination of the right of the other parent. Any person who has been judicially appointed as the guardian of the person of the juvenile. Any county department of social services, consolidated county human services agency, or licensed child-placing agency to whom custody of the juvenile has been given by a court of competent jurisdiction. Any county department of social services, consolidated county human services agency, or licensed child-placing agency to which the juvenile has been surrendered for adoption by one of the parents or by the guardian of the person of the juvenile, pursuant to G.S. 48-3-701. Any person with whom the juvenile has resided for a continuous period of two years or more next preceding the filing of the petition or motion. Any guardian ad litem appointed to represent the minor juvenile pursuant to G.S. 7B-601 who has not been relieved of this responsibility. Any person who has filed a petition for adoption pursuant to Chapter 48 of the General Statutes. Any person or agency that may file a petition under subsection (a) of this section may intervene in a pending abuse, neglect, or dependency proceeding for the purpose of filing a motion to terminate parental rights. (See Editor's note) No person whose actions resulted in a conviction under G.S. 14-27.21, 14-27.22, 14-27.23, or 14-27.24 and the conception of the juvenile may file a petition to terminate the parental rights of another with respect to that juvenile. History (1977, c. 879, s. 8; 1983, c. 870, s. 1; 1985, c. 758, s. 1; 1987, c. 371, s. 2; 1995 (Reg. Sess., 1996), c. 690, s. 4; 1998-202, s. 6; 1998-229, s. 9.1; 1999-456, s. 60; 2000-183, s. 4; 2004-128, s. 13; 2015-181, s. 23; 2015-264, s. 33(b).) Editor's Note. - This section was originally enacted as G.S. 7B-1102. It has been renumbered as this section at the direction of the Revisor of Statutes. Subsection (c), added by Session Laws 2004-128, s. 13, effective December 1, 2004, is applicable to petitions or actions filed on or after that date. Session Laws 2015-181, s. 48 provides: "This act becomes effective December 1, 2015, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Session Laws 2015-264, s. 33(d) made the amendment to this section by Session Laws 2015-264, s. 33(b), which deleted "G.S." two times preceding "14-27.22" and "14-27.24"; and inserted "14-27.23" in subsection (c), effective December 1, 2015, and applicable to petitions filed on or after that date. Session Laws 2015-264, s. 91.7 contains a severability clause. Effect of Amendments. - Session Laws 2015-181, s. 23, effective December 1, 2015, and applicable to offenses committed on or after that date, substituted "G.S. 14-27.21, G.S. 14-27.22, or G.S. 14-27.24" for "G.S. 14-27.2 or G.S. 14-27.3" in subsection (c). Session Laws 2015-264, s. 33(b), effective December 1, 2015, deleted "G.S." two times preceding "14-27.22" and "14-27.24"; and inserted "14-27.23" in subsection (c). For applicability, see editor's note. Legal Periodicals. - For note on the indigent parent's right to have counsel furnished by State in parental status termination proceedings, see 17 Wake Forest L. Rev. 961 (1981). For 1984 survey, "Termination of Parental Rights: Putting Love in Its Place," see 63 N.C.L. Rev. 1177 (1985).