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:

…

(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.

….

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:

…

(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