North Carolina § 7B-600 - Appointment of guardian.

§ 7B-600. Appointment of guardian.

In any case when no parent appears in a hearing with the juvenile or when the court finds it would be in the best interests of the juvenile, the court may appoint a guardian of the person for the juvenile. The guardian shall operate under the supervision of the court with or without bond and shall file only such reports as the court shall require. The guardian shall have the care, custody, and control of the juvenile or may arrange a suitable placement for the juvenile and may represent the juvenile in legal actions before any court. The guardian may consent to certain actions on the part of the juvenile in place of the parent including (i) marriage, (ii) enlisting in the Armed Forces of the United States, and (iii) enrollment in school. The guardian may also consent to any necessary remedial, psychological, medical, or surgical treatment for the juvenile. The authority of the guardian shall continue until the guardianship is terminated by court order, until the juvenile is emancipated pursuant to Article 35 of Subchapter IV of this Chapter, or until the juvenile reaches the age of majority. In any case where the court has determined that the appointment of a relative or other suitable person as guardian of the person for a juvenile is the permanent plan for the juvenile and appoints a guardian under this section, the guardian becomes a party to the proceeding. The court may terminate the guardianship only if (i) the court finds that the relationship between the guardian and the juvenile is no longer in the juvenile's best interest, (ii) the guardian is unfit, (iii) the guardian has neglected a guardian's duties, or (iv) the guardian is unwilling or unable to continue assuming a guardian's duties. If a party files a motion under G.S. 7B-906.1 or G.S. 7B-1000, the court may, prior to conducting a review hearing, do one or more of the following: Order the county department of social services to conduct an investigation and file a written report of the investigation regarding the performance of the guardian of the person of the juvenile and give testimony concerning its investigation. Utilize the community resources in behavioral sciences and other professions in the investigation and study of the guardian. Ensure that a guardian ad litem has been appointed for the juvenile in accordance with G.S. 7B-601 and has been notified of the pending motion or petition. Take any other action necessary in order to make a determination in a particular case. If the court appoints an individual guardian of the person pursuant to this section, the court shall verify that the person being appointed as guardian of the juvenile understands the legal significance of the appointment and will have adequate resources to care appropriately for the juvenile. The fact that the prospective guardian has provided a stable placement for the juvenile for at least six consecutive months is evidence that the person has adequate resources. History (1979, c. 815, s. 1; 1997-390, s. 7; 1998-202, s. 6; 1999-456, s. 60; 2000-124, s. 1; 2003-140, s. 9(a); 2011-183, s. 3; 2011-295, s. 4; 2013-129, s. 16; 2019-33, s. 7(a).) 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. 16, applicable to actions filed or pending on or after October 1, 2013. Effect of Amendments. - Session Laws 2011-183, s. 3, effective June 20, 2011, substituted "Armed Forces of the United States" for "armed forces" in the fourth sentence of subsection (a). Session Laws 2013-129, s. 16, effective October 1, 2013, rewrote the former provisions of subsection (b) as present subsections (b) and (b1). For applicability, see editor's note. Session Laws 2019-33, s. 7(a), effective October 1, 2019, added the last sentence of subsection (c). Legal Periodicals. - For survey of 1979 family law, see 58 N.C.L. Rev. 1471 (1980).