North Carolina § 7B-400 - Venue.

§ 7B-400. Venue.

A proceeding in which a juvenile is alleged to be abused, neglected, or dependent may be commenced in the judicial district in which the juvenile resides or is present at the time the petition is filed. If a regional social services department includes counties in more than one judicial district, the department shall file in the judicial district where the child resides or was present when the report required by G.S. 7B-301 was received. Notwithstanding G.S. 153A-257, the absence of a juvenile from the juvenile's home pursuant to a protection plan during an assessment or the provision of case management services by a department of social services shall not change the original venue if it subsequently becomes necessary to file a juvenile petition. When the director in one county conducts an assessment pursuant to G.S. 7B-302 in another county because a conflict of interest exists, the director in the county conducting the assessment may file a resulting petition in either county. For good cause, the court may grant motion for change of venue before adjudication. A pre-adjudication change of venue shall not affect the identity of the petitioner. Any change of venue after adjudication shall be pursuant to G.S. 7B-900.1. History (1979, c. 815, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2009-311, s. 2; 2013-129, s. 7; 2017-41, s. 4.4.) Cross References. - As to post-adjudication venue, see G.S. 7B-900.1. 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 Section 5 of Session Laws 1998-202, also effective July 1, 1999, repealed the former North Carolina Juvenile Code, Articles 41 through 59 of Chapter 7A , along with additional related provisions.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 this section by Session Laws 2013-129, s. 7, applicable to actions filed or pending on or after October 1, 2013. Effect of Amendments. - Session Laws 2009-311, s. 2, effective October 1, 2009, deleted "pleading" from the section heading, and deleted the former last sentence, which read: "When a proceeding is commenced in a district other than that of the juvenile's residence, the court, on its own motion or upon motion of any party, may transfer the proceeding to the court in the district where the juvenile resides. A transfer under this section may be made at any time." Session Laws 2013-129, s. 7, effective October 1, 2013, redesignated the formerly undesignated provisions of this section as present subsection (a) and added the second sentence in subsection (a); and added subsections (b) through (d). For applicability, see editor's note. Session Laws 2017-41, s. 4.4, effective March 1, 2019, in subsection (a), in the first sentence, inserted "at the time the petition is filed" at the end, added the second sentence, and made a related change. Legal Periodicals. - For survey of 1979 family law, see 58 N.C.L. Rev. 1471 (1980).