North Carolina § 7B-901 - Initial dispositional hearing.

§ 7B-901. Initial dispositional hearing.

The dispositional hearing shall take place immediately following the adjudicatory hearing and shall be concluded within 30 days of the conclusion of the adjudicatory hearing. The dispositional hearing may be informal and the court may consider written reports or other evidence concerning the needs of the juvenile. The juvenile and the juvenile's parent, guardian, or custodian shall have the right to present evidence, and they may advise the court concerning the disposition they believe to be in the best interests of the juvenile. The court may consider any evidence, including hearsay evidence as defined in G.S. 8C-1, Rule 801, including testimony or evidence from any person who is not a party, that the court finds to be relevant, reliable, and necessary to determine the needs of the juvenile and the most appropriate disposition. At the dispositional hearing, the court shall inquire as to the identity and location of any missing parent and whether paternity is at issue. The court shall include findings of the efforts undertaken to locate the missing parent and to serve that parent and efforts undertaken to establish paternity when paternity is an issue. The order may provide for specific efforts in determining the identity and location of any missing parent and specific efforts in establishing paternity. The court shall also inquire about efforts made to identify and notify relatives, parents, or other persons with legal custody of a sibling of the juvenile, as potential resources for placement or support. If the disposition order places a juvenile in the custody of a county department of social services, the court shall direct that reasonable efforts for reunification as defined in G.S. 7B-101 shall not be required if the court makes written findings of fact pertaining to any of the following, unless the court concludes that there is compelling evidence warranting continued reunification efforts: A court of competent jurisdiction determines or has determined that aggravated circumstances exist because the parent has committed or encouraged the commission of, or allowed the continuation of, any of the following upon the juvenile: Sexual abuse. Chronic physical or emotional abuse. Torture. Abandonment. Chronic or toxic exposure to alcohol or controlled substances that causes impairment of or addiction in the juvenile. Any other act, practice, or conduct that increased the enormity or added to the injurious consequences of the abuse or neglect. A court of competent jurisdiction has terminated involuntarily the parental rights of the parent to another child of the parent. A court of competent jurisdiction determines or has determined that (i) the parent has committed murder or voluntary manslaughter of another child of the parent; (ii) has aided, abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of the child or another child of the parent; (iii) has committed a felony assault resulting in serious bodily injury to the child or another child of the parent; (iv) has committed sexual abuse against the child or another child of the parent; or (v) has been required to register as a sex offender on any government-administered registry. When the court determines that reunification efforts are not required, the court shall order concurrent permanent plans as soon as possible, after providing each party with a reasonable opportunity to prepare and present evidence. The court shall schedule a permanency planning hearing within 30 days to address the permanent plans in accordance with G.S. 7B-906.1 and G.S. 7B-906.2. History (1979, c. 815, s. 1; 1981, c. 469, s. 18; 1998-202, s. 6; 1999-456, s. 60; 2003-62, s. 1; 2005-398, s. 4; 2007-276, s. 2; 2011-295, s. 7; 2013-129, s. 22; 2015-135, s. 2.4; 2015-136, s. 9; 2015-264, s. 34(a); 2016-94, s. 12C.1(g); 2018-86, s. 2; 2019-33, s. 8; 2021-100, s. 5.) Editor's Note. - Session Laws 2013-129, s. 41, made the amendment to this section by Session Laws 2013-129, s. 22, applicable to actions filed or pending on or after October 1, 2013. 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 this section by Session Laws 2015-136, s. 9, applicable to actions filed or pending on or after October 1, 2015. Session Laws 2018-86, s. 3, made the amendment of subsection (c) of this section by Session Laws 2018-86, s. 2, effective June 25, 2018, and applicable to disposition orders effective on or after that date. Effect of Amendments. - Session Laws 2007-276, s. 2, effective October 1, 2007, substituted "the right" for "an opportunity" in the third sentence. Session Laws 2013-129, s. 22, effective October 1, 2013, inserted "including testimony or evidence from any person who is not a party" in the fourth sentence of the first undesignated paragraph of the provisions of this section. For applicability, see editor's note. Session Laws 2015-135, s. 2.4, effective October 1, 2015, inserted "parents, or other persons with legal custody of a sibling of the juvenile" in the last sentence in the second paragraph [now subsection (b)]. Session Laws 2015-136, s. 9, effective October 1, 2015, inserted "Initial" in the section heading; added subsection designations (a) and (b); deleted the last sentence in subsection (a), which read: "The court may exclude the public from the hearing unless the juvenile moves that the hearing be open, which motion shall be granted"; inserted "parents, or other persons with legal custody of a sibling of the juvenile" in the last sentence in subsection (b); added subsections (c) and (d). For applicability, see editor's note. Session Laws 2015-264, s. 34(a), effective October 1, 2015, inserted "aggravated circumstances exist because" in subdivision (c)(1). Session Laws 2016-94, s. 12C.1(g), effective July 1, 2016, added "unless the court concludes that there is compelling evidence warranting continued reunification efforts" at the end of the introductory language of subsection (c). Session Laws 2018-86, s. 2, inserted "determines or" following "competent jurisdiction" in subdivisions (c)(1), and (c)(3), and inserted "terminates or" following "competent jurisdiction" in subdivision (c)(2). For effective date and applicability, see editor's note. Session Laws 2019-33, s. 8, effective October 1, 2019, deleted "terminates or" preceding "has terminated" in subdivision (c)(2); and substituted "permanency planning" for "subsequent" in the second sentence of subsection (d). Session Laws 2021-100, s. 5, effective October 1, 2021, substituted "concurrent permanent plans” for "a permanent plan” in subsection (d).