AN ACT TO ALLOW JUDGES TO TEMPORARILY RENEW A DOMESTIC VIOLENCE PROTECTIVE ORDER UPON THE TIMELY FILING OF A MOTION TO RENEW A DOMESTIC VIOLENCE PROTECTIVE ORDER AND TO AMEND THE REQUIREMENTS FOR CUSTODY MEDIATION. SL 2022-48. Enacted July 7, 2022. Section 1 is effective December 1, 2022, and applies to pending motions to renew filed before, on, or after that date. Section 2 is effective December 1, 2022, and applies to motions filed on or after that date. The remainder of this act is effective July 7, 2022.
Bill Summaries: H615 (2021)
Summary date: Jul 26 2022 - View summary
Summary date: Jun 9 2022 - View summary
Senate amendment amends the 4th edition as follows.
Amends the proposed changes to GS 50B-3, authorizing the court to temporarily renew a domestic violence protective order set to expire before the hearing on the motion to renew the order, for a fixed time not to extend beyond the earlier of the date of the renewal hearing or 30 days from the date the order is set to expire, absent the express consent of both parties by adding that the motion to renew a protective order is upon the plaintiff's ex parte application. Adds that if a temporary renewal is granted, and the defendant is not personally present in court, then the order must be served on the defendant in the same manner as an ex parte order.
Summary date: Jun 7 2022 - View summary
Senate committee substitute replaces the content of the 3rd edition with the following.
Amends GS 50B-3, authorizing the court to temporarily renew a domestic violence protective order set to expire before the hearing on the motion to renew the order, for a fixed time not to extend beyond the earlier of the date of the renewal hearing or 30 days from the date the order is set to expire, absent the express consent of both parties. Does not allow extension of a temporary award of custody entered as part of the order beyond the maximum one-year period. Requires the clerk to notify the sheriff if a temporary renewal is granted. Applies to pending motions to renew filed before, on, or after December 1, 2022.
Amends GS 50-13.1, concerning actions or proceedings for custody of a minor child, by providing that issues that arise in motions for modifications (removes motions for contempt) as well as in other pleadings must be set for mediation unless the court waives mediation under the statute. Allows custody or visitation issues that arise in motions for contempt or motions to show cause to be set for mediation. Makes conforming changes. Applies to motions filed on or after December 1, 2022.
Changes the act's titles.
Summary date: May 6 2021 - View summary
House committee substitute makes the following changes to the 2nd edition. Amends GS 7B-2502 to require the court, in the case of a juvenile with a suspected mental illness or developmental disability that has been adjudicated delinquent, to order a comprehensive clinical assessment or equivalent (was, or other appropriate) mental health assessment; makes conforming changes to the exception to this requirement.
Summary date: Apr 28 2021 - View summary
House committee substitute makes the following changes to the 1st edition.
Further amends GS 7B-2502 and the proposed changes to the statute by making organizational changes. Makes conforming changes.
Summary date: Apr 20 2021 - View summary
Amends GS 7B-2502, which allows the court to order that a juvenile be examined by a physician, psychiatrist, psychologist, or other qualified expert as may be needed for the court to determine the juvenile's needs. Adds the requirement that the court, in the case of a juvenile with a suspected mental illness or developmental disability that has been adjudicated delinquent, order a comprehensive clinical assessment or other appropriate mental health assessment, unless the court finds an appropriate assessment has been conducted within the last 45 days before the adjudication hearing. Requires that the ordered assessment evaluate the juvenile's developmental, emotional, behavioral, and mental health needs. Adds that if an assessment ordered by the court under the statute, it must be reviewed before the date of disposition in the case. Requires a care review team to be assigned to the case if the court finds sufficient evidence that the juvenile has severe emotional disturbance, or a developmental disability, that, in the court's discretion, substantially contributed to the juvenile's delinquent behavior. Defines severe emotional disturbance (under GS 7B-1501) as a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet diagnostic criteria specified within DSM-5 that resulted in functional impairment that substantially interferes with or limits the child's role or functioning in family, school, or community activities in a person who is under the age of 18. Further amends the statute to require the care review team, which consists of specified individuals, to develop a recommendation plan for appropriate services and resources that address the juvenile's identified needs and submit the recommendation to the court in 30 calendar days. Requires the court to review the recommendation plan when determining the juvenile's disposition. Removes the already specified requirement that the court conduct a hearing to determine whether the juvenile is in need of medical, surgical, psychiatric, psychological, or other evaluation or treatment. Requires the county to pay for the evaluation or treatment if the court finds the parent or funding from the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety (was, parent only) is unable to pay the cost of evaluation or treatment. Deletes the requirement that the county department of social services recommend the facility that will provide the juvenile with evaluation or treatment. Amends all of subsection (c), concerning the referral of a juvenile to the area mental health, developmental disabilities, and substance abuse services director when the court believes, or if there is evidence presented to the effect, that the juvenile has a mental illness or a developmental disability, as well as the resulting duties and process. Effective October 1, 2021.