North Carolina § 7B-200 - Jurisdiction.

§ 7B-200. Jurisdiction.

The court has exclusive, original jurisdiction over any case involving a juvenile who is alleged to be abused, neglected, or dependent. This jurisdiction does not extend to cases involving adult defendants alleged to be guilty of abuse or neglect. Proceedings under the Interstate Compact on the Placement of Children set forth in Article 38 of this Chapter. Proceedings involving judicial consent for emergency surgical or medical treatment for a juvenile when the juvenile's parent, guardian, custodian, or other person who has assumed the status and obligation of a parent without being awarded legal custody of the juvenile by a court refuses to consent for treatment to be rendered. Proceedings to determine whether a juvenile should be emancipated. Proceedings to terminate parental rights. Proceedings for reinstatement of parental rights. Proceedings to review the placement of a juvenile in foster care pursuant to an agreement between the juvenile's parents or guardian and a county department of social services. Proceedings to review the placement of a young adult in foster care pursuant to G.S. 108A-48 and G.S. 7B-910.1. Proceedings in which a person is alleged to have obstructed or interfered with an investigation required by G.S. 7B-302. Proceedings involving consent for an abortion on an unemancipated minor under Article 1A, Part 2 of Chapter 90 of the General Statutes. Proceedings by an underage party seeking judicial authorization to marry under Article 1 of Chapter 51 of the General Statutes. Petitions for judicial review of a director's determination under Article 3A of this Chapter. The court shall have jurisdiction over the parent, guardian, custodian, or caretaker of a juvenile who has been adjudicated abused, neglected, or dependent, provided the parent, guardian, custodian, or caretaker has (i) been properly served with summons pursuant to G.S. 7B-406, (ii) waived service of process, or (iii) automatically become a party pursuant to G.S. 7B-401.1(c) or (d). When the court obtains jurisdiction over a juvenile as the result of a petition alleging that the juvenile is abused, neglected, or dependent: Any other civil action in this State in which the custody of the juvenile is an issue is automatically stayed as to that issue, unless the juvenile proceeding and the civil custody action or claim are consolidated pursuant to subsection (d) of this section or the court in the juvenile proceeding enters an order dissolving the stay. When there is an automatic stay, the court shall ensure that a notice is filed in the stayed action if the county and case file number are made known to the court. The notice shall be on a printed form created by the North Carolina Administrative Office of the Courts, include notice of the stay, and provide the county and case file number for the action under this Article. If an order entered in the juvenile proceeding and an order entered in another civil custody action conflict, the order in the juvenile proceeding controls as long as the court continues to exercise jurisdiction in the juvenile proceeding. Notwithstanding G.S. 50-13.5(f), the court in a juvenile proceeding may order that any civil action or claim for custody filed in the district be consolidated with the juvenile proceeding. If a civil action or claim for custody of the juvenile is filed in another district, the court in the juvenile proceeding, for good cause and after consulting with the court in the other district, may: (i) order that the civil action or claim for custody be transferred to the county in which the juvenile proceeding is filed; or (ii) order a change of venue in the juvenile proceeding and transfer the juvenile proceeding to the county in which the civil action or claim is filed. The court in the juvenile proceeding may also proceed in the juvenile proceeding while the civil action or claim remains stayed or dissolve the stay of the civil action or claim and stay the juvenile proceeding pending a resolution of the civil action or claim. The court also has exclusive original jurisdiction of the following proceedings: History (1979, c. 815, s. 1; 1983, c. 837, s. 1; 1985, c. 459, s. 2; 1987, c. 409, s. 2; 1995, c. 328, s. 3; c. 462, s. 2; 1996, 2nd Ex. Sess., c. 18, s. 23.2(c); 1998-202, s. 6; 1999-456, s. 60; 2001-62, s. 13; 2005-320, s. 1; 2005-399, s. 4; 2010-90, s. 3; 2011-295, s. 1; 2013-129, s. 2; 2017-161, s. 1; 2019-33, s. 2.) Editor's Note. - Articles 1-11, of Subchapter I of Chapter 7B , as enacted by Session Laws 1998-202, s. 6, and amended by Session Laws 1998-229, ss. 18 through 28, and Session Laws 1999-456, s. 60, are effective July 1, 1999, and applicable to abuse, neglect, and dependency reports received, petitions filed, and reviews commenced on or after that date. Section 5 of Session Laws 1998-202, also effective July 1, 1999, repealed the former North Carolina Juvenile Code, Articles 41 through 59 of Chapter 7A , along with additional related provisions. Where applicable, historical citations and case annotations to former sections have been added to the corresponding sections in new Chapter 7B . At the end of new Chapter 7B are tables showing comparable sections and their disposition of new Chapter 7B . Session Laws 1998-202, s. 36, contains a severability clause. Session Laws 2013-129, s. 41, made the amendment to subsection (b) by Session Laws 2013-129, s. 2, applicable to actions filed or pending on or after October 1, 2013. Effect of Amendments. - Session Laws 2010-90, s. 3, effective July 11, 2010, rewrote subdivision (a)(9), which formerly read: "Petitions for expunction of an individual's name from the responsible individuals list under Article 3A of this Chapter." Session Laws 2011-295, s. 1, effective October 1, 2011, and applicable to actions filed or pending on or after that date, added subdivision (a)(4a). Session Laws 2013-129, s. 2, effective October 1, 2013, in subsection (b), substituted "parent, guardian, custodian, or caretaker" for "parent or guardian" twice and "G.S. 7B-406, (ii) waived service of process, or (iii) automatically become a party pursuant to G.S. 7B-401.1(c) or (d)" for "G.S. 7B-406," deleted "as provided by G.S. 7B-904" following "neglected, or dependent," and added "(i)" preceding "been properly served." For applicability, see editor's note. Session Laws 2017-161, s. 1, effective October 1, 2017, added subdivision (a)(5a). Session Laws 2019-33, s. 2, effective October 1, 2019, added the last two sentences to subdivision (c)(1). Legal Periodicals. - For survey of 1979 family law, see 58 N.C.L. Rev. 1471 (1980). For article, "Juvenile Justice in Transition - A New Juvenile Code for North Carolina," see 16 Wake Forest L. Rev. 1 (1980). For article on the efficacy of a probable cause requirement in juvenile proceedings, see 59 N.C.L. Rev. 723 (1981). For article discussing 1983 amendments to the Federal Rules of Civil Procedure relative to magistrate practice, comparing state court magistrate practice, and making certain suggestions, see 20 Wake Forest L. Rev. 819 (1984). For article, "Re-Imaging Childhood and Reconstructing the Legal Order: the Case for Abolishing the Juvenile Court," see 69 N.C.L. Rev. 1083 (1991).