Chapter 7B

This Subchapter shall be interpreted and construed so as to implement the following purposes and policies: (1) To provide procedures for the hearing of juvenile cases that assure fairness and equity and that protect the constitutional rights of juveniles and parents; (2) To devel…

(a) Upon motion in the cause or petition, and after notice, the court may conduct a modification hearing to determine whether the order of the court is in the best interests of the juvenile. The court may modify the order in light of changes in circumstances or the needs of the j…

(a) In a juvenile matter under this Subchapter, only the following final orders may be appealed directly to the Court of Appeals: (1) Any order finding absence of jurisdiction. (2) Any order, including the involuntary dismissal of a petition, which in effect determines the action…

Appeal from an order permitted under G.S. 7B-1001 may be taken by: (1) A juvenile acting through the juvenile's guardian ad litem previously appointed under G.S. 7B-601. (2) A juvenile for whom no guardian ad litem has been appointed under G.S. 7B-601. If such an appeal is made, …

(a) During an appeal of an order entered under this Subchapter, the trial court may enforce the order unless the trial court or an appellate court orders a stay. (b) Pending disposition of an appeal, unless directed otherwise by an appellate court or subsection (c) of this sectio…

When an order of the court is affirmed by the Court of Appeals or by the Supreme Court, the trial court may modify or alter the original order as the court finds to be in the best interests of the juvenile to reflect any change in circumstances during the period of time the appea…

As used in this Subchapter, unless the context clearly requires otherwise, the following words have the listed meanings: (1) Abused juveniles. - Any juvenile less than 18 years of age (i) who is found to be a minor victim of human trafficking under G.S. 14-43.15 or unlawful sale,…

Raising a juvenile consistent with the juvenile's biological sex, or referring to a juvenile consistent with the juvenile's biological sex, shall not be a basis supporting the filing of a petition supporting abuse or neglect under this Subchapter. This section shall not be constr…

The General Assembly hereby declares as a matter of legislative policy with respect to termination of parental rights: (1) The general purpose of this Article is to provide judicial procedures for terminating the legal relationship between a juvenile and the juvenile's biological…

The court shall have exclusive original jurisdiction to hear and determine any petition or motion relating to termination of parental rights to any juvenile who resides in, is found in, or is in the legal or actual custody of a county department of social services or licensed chi…

(a) The parent has the right to counsel, and to appointed counsel in cases of indigency, unless the parent waives the right. The fees of appointed counsel shall be borne by the Office of Indigent Defense Services. When a petition is filed, unless the parent is already represented…

(a) When the district court is exercising jurisdiction over a juvenile and the juvenile's parent in an abuse, neglect, or dependency proceeding, a person or agency specified in G.S. 7B-1103(a) may file in that proceeding a motion for termination of the parent's rights in relation…

(a) A petition or motion to terminate the parental rights of either or both parents to his, her, or their minor juvenile may only be filed by one or more of the following: (1) Either parent seeking termination of the right of the other parent. (2) Any person who has been judicial…

The petition, or motion pursuant to G.S. 7B-1102, shall be verified by the petitioner or movant and shall be entitled "In Re (last name of juvenile), a minor juvenile", who shall be a party to the action, and shall set forth such of the following facts as are known; and with resp…

(a) If either the name or identity of any parent whose parental rights the petitioner seeks to terminate is not known to the petitioner, the court shall, within 10 days from the date of filing of the petition, or during the next term of court in the county where the petition is f…

(a) Within 10 days from the date of filing of a petition to terminate the parental rights of a surrendering or non-surrendering parent of a safely surrendered infant, or during the next term of court in the county where the petition is filed if there is no court in the county in …

(a) Except as provided in G.S. 7B-1105, upon the filing of the petition, the court shall cause a summons to be issued. The summons shall be directed to the following persons or agency, not otherwise a party petitioner, who shall be named as respondents: (1) The parents of the juv…

(a) Upon the filing of a motion pursuant to G.S. 7B-1102, the movant shall prepare a notice directed to each of the following persons or agency, not otherwise a movant: (1) The parents of the juvenile. However, notice does not need to be directed to or served upon any parent who,…

Upon the failure of a respondent parent to file written answer to the petition or written response to the motion within 30 days after service of the summons and petition or notice and motion, or within the time period established for a defendant's reply by G.S. 1A-1, Rule 4(j1) i…

(a) Any respondent may file a written answer to the petition or written response to the motion. Only a district court judge may grant an extension of time in which to answer or respond. The answer or response shall admit or deny the allegations of the petition or motion and shall…

(a) The court shall conduct a pretrial hearing. However, the court may combine the pretrial hearing with the adjudicatory hearing on termination in which case no separate pretrial hearing order is required. At the pretrial hearing, the court shall consider the following: (1) Rete…

(a) The hearing on the termination of parental rights shall be conducted by the court sitting without a jury and shall be held in the district at such time and place as the chief district court judge shall designate, but no later than 90 days from the filing of the petition or mo…

(a) After an adjudication that one or more grounds for terminating a parent's rights exist, the court shall determine whether terminating the parent's rights is in the juvenile's best interest. The court may consider any evidence, including hearsay evidence as defined in G.S. 8C-…

(a) The court may terminate the parental rights upon a finding of one or more of the following: (1) The parent has abused or neglected the juvenile. The juvenile shall be deemed to be abused or neglected if the court finds the juvenile to be an abused juvenile within the meaning …

An order terminating the parental rights completely and permanently terminates all rights and obligations of the parent to the juvenile and of the juvenile to the parent arising from the parental relationship, except that the juvenile's right of inheritance from the juvenile's pa…

The process of selection of specific adoptive parents shall be the responsibility of and within the discretion of the county department of social services or licensed child-placing agency. In selecting the adoptive parents, any current placement provider wanting to adopt the chil…

(a) A juvenile whose parent's rights have been terminated, the guardian ad litem attorney, the parent whose rights have been terminated, or a county department of social services with custody of the juvenile may file a motion to reinstate the parent's rights if all of the followi…

There is established within the Administrative Office of the Courts an Office of Guardian ad Litem Services to provide services in accordance with G.S. 7B-601 to abused, neglected, or dependent juveniles involved in judicial proceedings and to assure that all participants in thes…

(a) Local Programs. - The Administrative Office of the Courts shall, in cooperation with each chief district court judge and other personnel in the district, implement and administer the program mandated by this Article. Where a local program has not yet been established in accor…

If a conflict of interest prohibits a local program from providing representation to an abused, neglected, or dependent juvenile, the court may appoint any member of the district bar to represent the juvenile. If the Administrative Office of the Courts determines that within a pa…

A district court district shall be granted a waiver from the implementation of a local program if the Administrative Office of the Courts determines that the following conditions are met: (1) An alternative plan has been developed to provide adequate guardian ad litem services fo…

Any volunteer participating in a judicial proceeding pursuant to the program authorized by this Article shall not be civilly liable for acts or omissions committed in connection with the proceeding if the volunteer acted in good faith and was not guilty of gross negligence. (1983…

It is the expressed intent of this Article to make the prevention of abuse and neglect, as defined in G.S. 7B-101, a priority of this State and to establish the Children's Trust Fund as a means to that end. (1983, c. 894, s. 1; 1998-202, s. 6.)

(a) The Department of Health and Human Services, through the Division of Social Services, shall implement the Program on Prevention of Abuse and Neglect. The Division of Social Services shall provide the staff and support services for implementing this program. (b) In order to ca…

(a) There is established a fund to be known as the "Children's Trust Fund," in the Department of Health and Human Services, Division of Social Services, which shall be funded by a portion of the marriage license fee under G.S. 161-11.1 and a portion of the special license plate f…

The General Assembly finds that it is the public policy of this State to prevent the abuse, neglect, and death of juveniles. The General Assembly further finds that the prevention of the abuse, neglect, and death of juveniles is a community responsibility; that professionals from…

The following definitions apply in this Article: (1) Repealed by Session Laws 2023-134, s. 9H.15(f), as amended by Session Laws 2024-1, s. 3.6(a), and as amended by Session Laws 2024-57, s. 2B.2(d), effective July 1, 2025. (1a) Child Fatality Prevention System. - The statewide sy…

(a) There is created the North Carolina Child Fatality Task Force within the Department of Health and Human Services for budgetary purposes only. (b) The Task Force shall be composed of 36 members, 12 of whom shall be ex officio members, four of whom shall be appointed by the Gov…

(a) Committees. - The Task Force shall carry out its duties through the work of the following three committees: (1) A Perinatal Health Committee to address healthy pregnancies, births, and infants. (2) An Unintentional Death Prevention Committee to address the prevention of death…

The Task Force shall do all of the following: (1) Undertake a study of the incidences and causes of child deaths in this State as well as evidence-driven strategies for preventing future child deaths, abuse, and neglect. The study shall include at least all of the following: anal…

(a) Local Team for Each County. - Each county in the State shall have its own Local Team or participate in a multicounty Local Team, as determined in accordance with subsection (b) of this section. (b) Participation in a Single County Versus Multicounty Local Team. - Each county'…

(a) Each Local Team shall consist of representatives of public and nonpublic agencies in the community that provide services to children and their families and other individuals who represent the community. (b) Each Local Team shall consist of the following persons: (1) The direc…

(a) For each child death reviewed, the Local Team shall make findings addressing at least the following: (1) Significant challenges faced by the child or family, the systems with which they interacted, and the response to the incident. (2) Notable positive elements in the case th…

(a) Medical examiner child fatality staff shall work collaboratively with the State Office and Local Teams to carry out the purposes of the Child Fatality Prevention System and are required to do at least all of the following: (1) Provide Local Teams with access to completed medi…

(a) In addition to any other applicable requirements of this Article, the requirements of this section apply specifically to child deaths when any of the following are true: (1) The decedent was known to be reported as being abused or neglected under G.S. 7B-301 regardless of the…

The State Office shall consult with perinatal health experts as well as participants in reviews of infant deaths to develop criteria to be used by Local Teams to identify at least a subset of additional infant deaths subject to review that fall outside the categories of required …

Duties of the director of the local department of health; director of the county department of social services; or consolidated health and human services director for counties with consolidated human services. (a) In addition to any other duties as a member of the Local Team, the…

Within the first week of the convening or reconvening of the General Assembly, the Task Force shall report annually to the Governor, the General Assembly, the Secretary of Health and Human Services, and the Chairs of the House and Senate Appropriations Committees on Health and Hu…

(a) The Local Teams, the Task Force, and the State Office staff providing to Local Teams technical assistance with a review shall have access to all medical records, hospital records, and records maintained by this State, any county, or any local agency the Local Teams, the Task …

(a) Local Teams, the State Office, and medical examiner child fatality staff shall utilize the National Fatality Review Case Reporting System (NFR-CRS) for the purpose of collecting, analyzing, and reporting on information learned through child death reviews in a manner consisten…