Juvenile Actions

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.

Juvenile court handles charges against or on behalf of those who are between the ages of 6 and 18. The goal of juvenile actions is to protect and/or rehabilitate the juvenile in question. In North Carolina, juvenile actions cover the following three types of cases:

• Delinquency
• Undisciplined (Status Offenses)
• Abuse, Neglect, and Dependency (Child Protection)

If you or your child are involved in a juvenile case in North Carolina, reach out to Blue Ridge Family Law Group today. Our experienced juvenile defense attorneys can help you protect your child’s rights and future as they navigate the juvenile legal system.

Termination of Parental Rights

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.

An interested party must obtain clear, cogent, and convincing grounds for termination of parental rights. Common grounds for termination brought up in the North Carolina Court include the following:

• Juvenile abuse and/or neglect
• Juvenile has been willfully left by parent in foster care or temporary placement without demonstrating reasonable efforts to regain custody
• Parent without custody has failed without justification to pay child support as required by decree or custody order for one year or more
• The father of a child born out of wedlock has not done any of the following prior to the filing of this petition:
  • Filed an affidavit of paternity in a registry managed by the Department of Health and Human Services
  • Legitimized the juvenile pursuant to provisions of G.S. 49‑10, G.S. 49‑12.1, or filed a petition for this specific purpose
  • Legitimized the juvenile through marriage to the mother
  • Cared for or financially supported the juvenile and mother in a substantial manner
  • Established paternity through G.S. 49‑14, 110‑132, 130A‑101, 130A‑118, or other judicial proceeding
• Parent is deemed incapable of caring for the juvenile due to substance abuse, intellectual disability, mental illness, organic brain syndrome, or other cause or condition
• Parent has willfully abandoned the juvenile for at least 6 months, or has voluntarily abandoned an infant as a safely surrendered infant for 60 consecutive days
• Parent has committed, aided, abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter to the juvenile, another juvenile of the parent, another juvenile in the home, or the other parent of the child; has committed a felony assault causing serious bodily injury to the juvenile, another juvenile of the parent, or another juvenile residing in the home
• Parent has involuntarily lost parental rights to another juvenile in their care due to being unable or unwilling to establish a safe home; does not apply to safely surrendered infants
• Parent has been convicted of a sexual offense that resulted in the conception of the juvenile

Delinquency Proceedings

Delinquency cases involve children between the ages of 6 and 18 who have violated a criminal law or ordinance. These offenses range from petty theft to assault and other serious felony charges. Adjudications that a juvenile has committed a delinquent act can not be disclosed to the public without a direct court order.

Undisciplined Proceedings

Juveniles are considered undisciplined under the court of law when they commit an act that is only illegal due to their age. Such acts, called status offenses, include underage drinking, curfew violations, truancy, and other age-related violations.

Adjudication Proceedings

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.

Abuse, Neglect, and Dependency

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.

Our North Carolina juvenile court attorneys are experienced in working with all kinds of terminations of parental rights cases. If you are interested in learning more, contact Blue Ridge Family Law Group and schedule your consultation today.