North Carolina § 7B-800 - 1. Pre-adjudication hearing.

§ 7B-800. 1. Pre-adjudication hearing.

Prior to the adjudicatory hearing, the court shall consider the following: Retention or release of provisional counsel. Identification of the parties to the proceeding. Whether paternity has been established or efforts made to establish paternity, including the identity and location of any missing parent. Whether relatives, parents, or other persons with legal custody of a sibling of the juvenile have been identified and notified as potential resources for placement or support. Whether all summons, service of process, and notice requirements have been met. Whether the petition has been properly verified and invokes jurisdiction. Any pretrial motions, including (i) appointment of a guardian ad litem in accordance with G.S. 7B-602, (ii) discovery motions in accordance with G.S. 7B-700, (iii) amendment of the petition in accordance with G.S. 7B-800, or (iv) any motion for a continuance of the adjudicatory hearing in accordance with G.S. 7B-803. Any other issue that can be properly addressed as a preliminary matter. The pre-adjudication hearing may be combined with a hearing on the need for nonsecure custody or any pretrial hearing or conducted in accordance with local rules. The parties may enter stipulations in accordance with G.S. 7B-807 or enter a consent order in accordance with G.S. 7B-801. History (2013-129, s. 18; 2014-16, s. 1; 2015-135, s. 2.3; 2015-136, s. 8.) Editor's Note. - Session Laws 2013-129, s. 41, makes this section effective October 1, 2013, and applicable to actions filed or pending on or after that date. Amendments to this section by Session Laws 2015-135, s. 2.3, and Session Laws 2015-136, s. 8, were identical, substituting "relatives, parents, or other persons with legal custody of a sibling of the juvenile" for "relatives" in subdivision (a)(4). Session Laws 2015-135, s. 1.1, provides: "This act shall be known and may be cited as the 'Foster Care Family Act.' " Session Laws 2015-136, s. 18, made the amendment to subdivision (a)(4) of this section by Session Laws 2015-136, s. 8, applicable to actions filed or pending on or after October 1, 2015. Effect of Amendments. - Session Laws 2014-16, s. 1, effective October 1, 2014, added subdivision (a)(5a). Session Laws 2015-135, s. 2.3, effective October 1, 2015, substituted "relatives, parents, or other persons with legal custody of a sibling of the juvenile" for "relatives" in subdivision (a)(4). Session Laws 2015-136, s. 8, effective October 1, 2015, substituted "relatives, parents, or other persons with legal custody of a sibling of the juvenile" for "relatives" in subdivision (a)(4). For applicability, see editor's note.