North Carolina § 7B-1106 - 1. Notice in pending child abuse, neglect, or dependency cases.

§ 7B-1106. 1. Notice in pending child abuse, neglect, or dependency cases.

Upon the filing of a motion pursuant to G.S. 7B-1102, the movant shall prepare a notice directed to each of the following persons or agency, not otherwise a movant: The parents of the juvenile. However, notice does not need to be directed to or served upon any parent who, under Chapter 48 of the General Statutes, has irrevocably relinquished the juvenile to a county department of social services or licensed child-placing agency or to any parent who has consented to the adoption of the juvenile by the movant. Any person who has been judicially appointed as guardian of the person of the juvenile. The custodian of the juvenile appointed by a court of competent jurisdiction. Any county department of social services or licensed child-placing agency to whom a juvenile has been released by one parent pursuant to Part 7 of Article 3 of Chapter 48 of the General Statutes or any county department of social services to whom placement responsibility for the juvenile has been given by a court of competent jurisdiction. The juvenile's guardian ad litem or attorney advocate, if one has been appointed pursuant to G.S. 7B-601 and has not been relieved of responsibility. Repealed by Session Laws 2009-38, s. 4, effective May 27, 2009. The notice required by subsection (a) of this section shall include all of the following: The name of the minor juvenile. Notice that a written response to the motion must be filed with the clerk within 30 days after service of the motion and notice, or the parent's rights may be terminated. Notice that any counsel appointed previously and still representing the parent in an abuse, neglect, or dependency proceeding will continue to represent the parents unless otherwise ordered by the court. Notice that if the parent is indigent, the parent is entitled to appointed counsel and if the parent is not already represented by appointed counsel the parent may contact the clerk immediately to request counsel. Notice that the date, time, and place of any pretrial hearing pursuant to G.S. 7B-1108.1 and the hearing on the motion will be mailed by the moving party upon filing of the response or 30 days from the date of service if no response is filed. Notice of the purpose of the hearing and notice that the parents may attend the termination hearing. If a county department of social services, not otherwise a movant, is served with a motion seeking termination of a parent's rights, the director shall file a written response and shall be deemed a party to the proceeding. The notice shall notify the person or agency to whom it is directed to file a written response within 30 days after service of the motion and notice. Service of the motion and notice shall be completed as provided under G.S. 7B-1102(b). History (2000-183, s. 6; 2009-38, s. 4; 2009-311, s. 11.) Effect of Amendments. - Session Laws 2009-38, s. 4, effective May 27, 2009, in subdivision (a)(1), added the second sentence; in subdivision (a)(5), inserted "or attorney advocate"; deleted subdivision (a)(6), which read: "The juvenile, if the juvenile is 12 years of age or older at the time the motion is filed."; and in the last paragraph of subsection (a), deleted the former first sentence, which read: "Provided, no notice need be directed to or served upon any parent who, under Chapter 48 of the General Statutes, has irrevocably relinquished the juvenile to a county department of social services or licensed child-placing agency nor to any parent who has consented to the adoption of the juvenile by the movant." Session Laws 2009-311, s. 11, effective October 1, 2009, in subdivision (b)(3), substituted "counsel appointed previously and still representing the parent in an" for "attorney appointed previously to represent the parent in the"; and in subdivision (b)(5), inserted "any pretrial hearing pursuant to G.S. 7B-1108.1 and the" and "on the motion."