North Carolina § 7B-401 - 1. Parties.

§ 7B-401. 1. Parties.

Petitioner. - Only a county director of social services or the director's authorized representative may file a petition alleging that a juvenile is abused, neglected, or dependent. The petitioner shall remain a party until the court terminates its jurisdiction in the case. Parents. - The juvenile's parent shall be a party unless one of the following applies: The parent's rights have been terminated. The parent has relinquished the juvenile for adoption, unless the court orders that the parent be made a party. The parent has been convicted under G.S. 14-27.21, 14-27.22, 14-27.23, or 14-27.24 for an offense that resulted in the conception of the juvenile. Guardian. - A person who is the child's court-appointed guardian of the person or general guardian when the petition is filed shall be a party. A person appointed as the child's guardian pursuant to G.S. 7B-600 shall automatically become a party but only if the court has found that the guardianship is the permanent plan for the juvenile. Custodian. - A person who is the juvenile's custodian, as defined in G.S. 7B-101(8), when the petition is filed shall be a party. A person to whom custody of the juvenile is awarded in the juvenile proceeding shall automatically become a party but only if the court has found that the custody arrangement is the permanent plan for the juvenile. Caretaker. - A caretaker shall be a party only if (i) the petition includes allegations relating to the caretaker, (ii) the caretaker has assumed the status and obligation of a parent, or (iii) the court orders that the caretaker be made a party. Foster Parent. - A foster parent as defined in G.S. 131D-10.2(9a) providing foster care for the juvenile is not a party to the case and may be allowed to intervene only if the foster parent has authority to file a petition to terminate the parental rights of the juvenile's parents pursuant to G.S. 7B-1103. The Juvenile. - The juvenile shall be a party. Removal of a Party. - If a guardian, custodian, or caretaker is a party, the court may discharge that person from the proceeding, making the person no longer a party, if the court finds that the person does not have legal rights that may be affected by the action and that the person's continuation as a party is not necessary to meet the juvenile's needs. Intervention. - Except as provided in G.S. 7B-1103(b) and subsection (e1) of this section, the court shall not allow intervention by a person who is not the juvenile's parent, guardian, or custodian, but may allow intervention by another county department of social services that has an interest in the proceeding. This section shall not prohibit the court from consolidating a juvenile proceeding with a civil action or claim for custody pursuant to G.S. 7B-200. Young Adult in Foster Care. - In proceedings held pursuant to G.S. 7B-910.1, the young adult in foster care and the director of the department of social services are parties. History (2013-129, s. 9; 2015-136, s. 2; 2015-181, s. 22; 2015-241, s. 12C.9(h); 2015-264, s. 33(a); 2016-94, s. 12C.1(f).) Editor's Note. - Session Laws 2015-136, s. 18, made the amendment to this section by Session Laws 2015-136, s. 2, which added subsection (e1), and substituted "G.S. 7B-1103(b) and subsection (e1) of this section" for "G.S. 7B-1103(b)" in subsection (h), applicable to actions filed or pending on or after October 1, 2015. 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 2015-181, s. 22, had 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 (b)(3). Session Laws 2015-264, s. 33(d) made the amendment to this section by Session Laws 2015-264, s. 33(a), which substituted "G.S. 14-27.21, 14-27.22, 14-27.23, or 14-27.24" for "G.S. 14-27.21, G.S. 14-27.22, or G.S. 14-27.24" in subdivision (b)(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 2015-136, s. 2, effective October 1, 2015, added subsection (e1); and substituted "G.S. 7B-1103(b) and subsection (e1) of this section" for "G.S. 7B-1103(b)" in subsection (h). For applicability, see editor's note. Session Laws 2015-181, s. 22, 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 (b)(3). Session Laws 2015-241, s. 12C.9(h), effective January 1, 2017, added subsection (i). Session Laws 2015-264, s. 33(a), effective December 1, 2015, substituted "G.S. 14-27.21, 14-27.22, 14-27.23, or 14-27.24" for "G.S. 14-27.21, G.S. 14-27.22, or G.S. 14-27.24" in subdivision (b)(3). For applicability, see Editor's note. Session Laws 2016-94, s. 12C.1(f), effective July 1, 2016, deleted "or caretaker" preceding "but may allow intervention" and made a related change in subsection (h). Legal Periodicals. - For article, "In Re R.R.N.: Redefining 'Caretaker' for North Carolina Child Protective Services," see 40 Campbell L. Rev. 265 (2018).