In North Carolina, the Department of Social Services operates on a county-by-county basis, with state oversight, to ensure the safety and well-being of children. As a result, parties can often find themselves involved in proceedings in juvenile court, including terminations of parental rights and adjudications of abuse, neglect or dependency.
The termination of parental rights is a process that can be instituted by petition to the Court by DSS, or in a private action involving an interested party. In order to bring a petition for termination of parental rights, a party must be one of the following: a juvenile’s parent; any person judicially appointed as the guardian of a juvenile, the county department of social services, human services agency, or child-placing agency given custody of a juvenile by a court or to which the juvenile has been surrendered; a person with whom a juvenile has resided for a continuous period of 18 months or more; a guardian ad litem appointed to represent a juvenile; any person who has filed a petition for adoption; or a grandparent of a juvenile if all known parents deceased.
In North Carolina, a petition can be filed to adjudicate a juvenile as abused, neglected or dependent. Typically, this process involves the local department of social services filing a petition and seeking to secure the custody of a juvenile, and placing the child in DSS custody, with relatives, or with foster parents/foster homes. Abuse, neglect and dependency are each a distinct grounds for adjudication which include separate criteria under Chapter 7B of the North Carolina General Statutes, the Juvenile Code.
Our experienced attorneys have significant experience litigating juvenile court actions. We are here to help guide you through the process and reach the best possible outcome. Contact us today to schedule a consultation or for answers to your questions about juvenile proceedings.