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No events on calendar for this bill.
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Ch. SL 2021-18Senate | 2021-05-07Signed by Gov. 5/7/2021Senate | 2021-05-07Pres. To Gov. 4/29/2021Senate | 2021-04-29RatifiedSenate | 2021-04-28Ordered EnrolledSenate | 2021-04-27Concurred In H Com SubSenate | 2021-04-27Placed On Cal For 04/27/2021Senate | 2021-04-26Regular Message Received For Concurrence in H Com SubSenate | 2021-04-26Regular Message Sent To SenateHouse | 2021-04-22Ordered EngrossedHouse | 2021-04-21Passed 3rd ReadingHouse | 2021-04-21Passed 2nd ReadingHouse | 2021-04-21Amend Adopted A2House | 2021-04-21Amend Adopted A1House | 2021-04-21Placed On Cal For 04/21/2021House | 2021-04-20Cal Pursuant Rule 36(b)House | 2021-04-20Reptd FavHouse | 2021-04-20Re-ref Com On Rules, Calendar, and Operations of the HouseHouse | 2021-04-14Withdrawn From ComHouse | 2021-04-14Re-ref Com On Families, Children, and Aging PolicyHouse | 2021-03-30Reptd Fav Com SubstituteHouse | 2021-03-30Re-ref to the Com on Judiciary 2, if favorable, Families, Children, and Aging Policy, if favorable, Rules, Calendar, and Operations of the HouseHouse | 2021-03-22Withdrawn From ComHouse | 2021-03-22Ref To Com On Rules, Calendar, and Operations of the HouseHouse | 2021-03-11Passed 1st ReadingHouse | 2021-03-11Regular Message Received From SenateHouse | 2021-03-10Regular Message Sent To HouseSenate | 2021-03-10EngrossedSenate | 2021-03-09Passed 3rd ReadingSenate | 2021-03-09Passed 2nd ReadingSenate | 2021-03-09Amend Adopted A1Senate | 2021-03-09Reptd FavSenate | 2021-03-08Re-ref Com On Rules and Operations of the SenateSenate | 2021-03-02Com Substitute AdoptedSenate | 2021-03-02Reptd Fav Com SubstituteSenate | 2021-03-02Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the SenateSenate | 2021-02-22Withdrawn From ComSenate | 2021-02-22Ref To Com On Rules and Operations of the SenateSenate | 2021-02-18Passed 1st ReadingSenate | 2021-02-18FiledSenate | 2021-02-17
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CHILD CUSTODY
CIVIL PROCEDURE
COURT OF APPEALS
COURTS
MINORS
PRESENTED
PUBLIC
RATIFIED
CHAPTERED
CIVIL ACTIONS
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7A
7B (Chapters); 7A-27
7A-343
7B-1001 (Sections)
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No counties specifically cited.
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S113: Modify Termination of Parental Rights Appeals. Latest Version
Session: 2021 - 2022
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
SESSION LAW 2021-18
SENATE BILL 113
AN ACT to modify the right to appeal in termination of parental rights cases.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 7A‑27(a) reads as rewritten:
(a) Appeal lies of right directly to the Supreme Court in any of the following cases:
…
(5) Any order that terminates parental rights or denies a petition or motion to terminate parental rights.
SECTION 2. G.S. 7B‑1001 reads as rewritten:
§ 7B‑1001. Right to appeal.
(a) In a juvenile matter under this Subchapter, only the following final orders may be appealed directly to the Court of Appeals:
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(7) Any order that terminates parental rights or denies a petition or motion to terminate parental rights.
(8) An order eliminating reunification as a permanent plan under G.S. 7B‑906.2(b), if all of the following conditions are satisfied:
a. The right to appeal the order eliminating reunification has been preserved in writing within 30 days of entry and service of the order.
b. A motion or petition to terminate the parent's rights is filed within 65 days of entry and service of the order eliminating reunification and both of the following occur:
1. The motion or petition to terminate rights is heard and granted.
2. The order terminating parental rights is appealed in a proper and timely manner.
c. A separate notice of appeal of the order eliminating reunification is filed within 30 days after entry and service of a termination of parental rights order.
(a1) In a juvenile matter under this Subchapter, only the following final orders may be appealed directly to the Supreme Court:
(1) Any order that terminates parental rights or denies a petition or motion to terminate parental rights.
(2) An order eliminating reunification as a permanent plan under G.S. 7B‑906.2(b), if all of the following conditions are satisfied:
a. The right to appeal the order eliminating reunification has been preserved in writing within 30 days of entry and service of the order.
b. A motion or petition to terminate the parent's rights is filed within 65 days of entry and service of the order eliminating reunification and both of the following occur:
1. The motion or petition to terminate rights is heard and granted.
2. The order terminating parental rights is appealed in a proper and timely manner.
c. A separate notice of appeal of the order eliminating reunification is filed within 30 days after entry and service of a termination of parental rights order.
(a2) In an appeal filed pursuant to subdivision (a1)(2) (a)(8) of this section, the Supreme Court Court of Appeals shall review the order eliminating reunification together with an appeal of the order terminating parental rights. If the order eliminating reunification is vacated or reversed, the order terminating parental rights shall be vacated.
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SECTION 4. G.S. 7A‑343 reads as rewritten:
§ 7A‑343. Duties of Director.
The Director is the Administrative Officer of the Courts, and the Director's duties include all of the following:
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(16) Prepare and submit an annual report on appeals of termination of parental rights cases and transmit by February 1 of each year to the Chief Justice and the General Assembly. The report shall include the following information:
a. The number of notices of appeal for termination of parental rights cases that were properly filed with the trial court.
b. The date on which each notice of appeal for a termination of parental rights case was filed and the date that the record was filed with the Court of Appeals.
c. The date that the Court of Appeals issued a final opinion for each appeal for a termination of parental rights case.
d. For termination of parental rights cases heard by the Supreme Court, the date that the record is received by the Supreme Court and the date that the Supreme Court issued a final opinion.
e. For all appeals of termination of parental rights cases, the average age of those cases measured from both (i) the date the notice of appeal was filed and (ii) the date the record was filed with the court. This information shall be provided for both the Court of Appeals and the Supreme Court.
SECTION 5. This act becomes effective July 1, 2021, and applies to appeals filed on or after that date.
In the General Assembly read three times and ratified this the 28th day of April, 2021.
s/ Mark Robinson
President of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 2:05 p.m. this 7th day of May, 2021