North Carolina § 7B-1104 - Petition or motion.

§ 7B-1104. Petition or motion.

The petition, or motion pursuant to G.S. 7B-1102, shall be verified by the petitioner or movant and shall be entitled "In Re (last name of juvenile), a minor juvenile", who shall be a party to the action, and shall set forth such of the following facts as are known; and with respect to the facts which are unknown the petitioner or movant shall so state: The name of the juvenile as it appears on the juvenile's birth certificate, the date and place of birth, and the county where the juvenile is presently residing. The name and address of the petitioner or movant and facts sufficient to identify the petitioner or movant as one authorized by G.S. 7B-1103 to file a petition or motion. (See Editor's note) The name and address of the parents of the juvenile. If the name or address of one or both parents is unknown to the petitioner or movant, the petitioner or movant shall set forth with particularity the petitioner's or movant's efforts to ascertain the identity or whereabouts of the parent or parents. The information may be contained in an affidavit attached to the petition or motion and incorporated therein by reference. A 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 need not be named in the petition. The name and address of any person who has been judicially appointed as guardian of the person of the juvenile. The name and address of any person or agency to whom custody of the juvenile has been given by a court of this or any other state; and a copy of the custody order shall be attached to the petition or motion. Facts that are sufficient to warrant a determination that one or more of the grounds for terminating parental rights exist. That the petition or motion has not been filed to circumvent the provisions of Article 2 of Chapter 50A of the General Statutes, the Uniform Child-Custody Jurisdiction and Enforcement Act. History (1977, c. 879, s. 8; 1979, c. 110, s. 8; 1981, c. 469, s. 23; 1987, c. 550, s. 15; 1998-202, s. 6; 1999-223, s. 7; 1999-456, s. 60; 2000-183, s. 5; 2004-128, s. 14; 2009-38, s. 2; 2015-181, s. 24; 2015-264, s. 33(c).) Editor's Note. - This section was originally enacted as G.S. 7B-1103. It has been renumbered as this section at the direction of the Revisor of Statutes. Subdivision (3), as amended by Session Laws 2004-128, s. 14, which added the sentence beginning "A person whose actions ... " is applicable to offenses committed on or after December 1, 2004. 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(c), which deleted "G.S." preceding "14-27.22" and "14-27.24"; and inserted "14-27.23" in subdivision (3), 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 2009-38, s. 2, effective May 27, 2009, inserted "who shall be a party to the action" in the introductory language. Session Laws 2015-181, s. 24, 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 subdivision (3). Session Laws 2015-264, s. 33(c), effective December 1, 2015, deleted "G.S." preceding "14-27.22" and "14-27.24"; and inserted "14-27.23" in subdivision (3). 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).