When Does a Juvenile Case End? How Do You Get from 7B to 50?

1. When Does a Juvenile Case End?How Do You Get from 7B to 50? Janet Mason School of Government The Honorable Elizabeth Keever Chief District Court Judge, District 12 April 8 - 9, 2010

2. What brings an abuse, neglect, or dependency case to an end? • child reaches age 18 • child dies • child marries • a court declares the child emancipated • the child is adopted • the court enters an order terminating jurisdiction • court loses jurisdiction under the UCCJEA or cedes jurisdiction to another state

3. Effect of terminating jurisdiction: • Any orders in the case are null and cannot be modified or enforced • Child’s and parties’ status is either • as it was before petition was filed, or • as determined by law or a valid court order in another proceeding If guardianship or custody order needs to remain in effect, court might waive review hearings, but should not terminate jurisdiction

4. Passport to Chapter 50 • only at or after disposition • at least 6 months after court determined permanent plan was custody to proposed custodian – unless custody is to • parent or • person child lived with when petition was filed • evidence must support findings that support conclusions sufficient for • initial civil custody order, or • modification of existing order

5. Modifying a civil custody order • If civil action is in another county, which county is most appropriate for venue? • After consulting court in other district, juvenile court may transfer either case. [GS 7B-200(c)] • Court must determine whether • someone needs to be joined as a party to the civil action and/or • caption of action should change

6. Creating initial custody order Court must: • determine who the parties are and how caption should read • determine and include in the order whether court is waiving filing fee • ensure that clerk assigns civil file number and creates civil case file • determine whether venue is more appropriate in another county

7. Findings required to modify • In relation to the last order in the civil case, findings must be sufficient to show • a substantial change of circumstances affecting the welfare of the child since entry of that order • that placing custody with the proposed custodian is in the child’s best interest

8. Initial or modification order • Order must include findings to support conclusion that court has subject matter jurisdiction • If custody is to a parent, • the standard is best interest and • the findings may be supported by the greater weight of evidence

9. Initial or modification order If custody is to a non-parent, • court must make findings sufficient to conclude that each parent • has neglected the welfare of the child, or • is unfit, or • has acted in a way that is inconsistent with the parent’s constitutionally protected status as a parent; and • those findings must be made by clear and convincing evidence; and • then court may consider best interest.

10. In determining best interest, relevant factors include • acts of domestic violence between parties • safety of one party from domestic violence by another party • the child’s safety

11. What is the court ordering? • award of custody: joint or sole (exclusive) • visitation • Court may deny a parent reasonable visitation only after finding • the parent is an unfit person to visit the child, or • visitation rights are not in the child’s best interest. • Court may not delegate visitation to party with custody

12. Some orders might include provisions: • limiting parent’s access to records of child’s health, education, and welfare [GS 50-13.2(b)] • relating to taking the child out of state [G.S. 50-13.2(c)] • if the court finds that domestic violence has occurred, protective provisions under G.S. 50B-3(a1), (2), (3) [GS 50-13.2(b)] • specifying authority for custodian to consent for medical care, psychiatric treatment, etc. [G.S. 122C-3(20)]

13. In the juvenile case To terminate jurisdiction the court must enter a separate order finding: • there is not a need for continued state intervention through juvenile court, and • this placement has been the permanent plan for at least 6 months, unless custody is to • a parent or • the person child lived with when petition was filed

14. General Cautions • No order should say: • the case is “closed,” or • the case is “inactive” The court either retains or terminates jurisdiction. • Intention should be clear if an order says: • DSS is relieved of further responsibility • Statutory findings required if order says: • no further reviews are required

15. Cases have been reversed for • failure to include language necessary to modify existing custody order; • failure to conclude, and make supporting findings, that there is not a need for continued state intervention • failure to make necessary findings, add grandmother as party, show that existing order was being modified, or file in civil case

16. Published Cases • In re J.B., __ N.C. App. __, 677 S.E.2d 532 (2009). • In re T.H.T., 185 N.C. App. 337, 648 S.E.2d 519 (2007). • In re H.S.F., 182 N.C. App. 739, 645 S.E.2d 383 (2007). • In re A.S., 182 N.C. App. 139, 641 S.E.2d 400 (2007).