MODIFY TERMINATION OF PARENTAL RIGHTS APPEALS.

View NCGA Bill Details2021-2022 Session
Senate Bill 113 (Public) Filed Wednesday, February 17, 2021
AN ACT TO MODIFY THE RIGHT TO APPEAL IN TERMINATION OF PARENTAL RIGHTS CASES.
Intro. by Britt, Sanderson, Daniel.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House action) (Apr 14 2021)
S 113

Bill Summaries:

  • Summary date: Mar 30 2021 - More information

    House committee substitute amends the 3rd edition as follows. Adds the following.

    Amends GS 7A-30 to deem decisions of the Court of Appeals upon review of any order appealed pursuant to GS 7B-1001(a), as amended (enumerates final orders in juvenile matters that have a right of appeal directly to the Court of Appeals) only appealable to the Supreme Court pursuant to GS 7A-31, which provides parameters for discretionary review by the Supreme Court. Makes conforming, clarifying, and organizational changes.

    Enacts GS 7A-343(16), adding to the duties of the Director of the Administrative Office of the Courts (Director). Requires the Director to submit an annual report of appeals of termination of parental rights cases, transmitted by February 1 of each year to the Chief Justice and the NCGA. Lists required content of the report regarding the number of cases properly filed with the Court of Appeals, the dates notice of appeal and record were filed with the Court of Appeals, the date the Court of Appeals issued a final opinion for each case, the number of cases heard by the Supreme Court and the dates the record is received and a final opinion is issued by the Supreme Court, and the average age of the cases measured by the date of notice of appeal filed and the date the record was filed for both courts. 


  • Summary date: Mar 9 2021 - More information

    Senate amendment amends the 2nd edition as follows. Changes the effective date of the act from October 1, 2021, to July 1, 2021.


  • Summary date: Mar 2 2021 - More information

    Senate committee substitute amends the 1st edition as follows. 

    Modifies the proposed changes to GS 7B-1001(a) regarding appeals of right from certain orders concerning juvenile matters. Rather than eliminating the right to appeal directly to the Supreme Court for orders eliminating reunification as a permanent plan that satisfy three procedural conditions under subdivision (a1)(2) with no comparable replacement provision for such appeals, eliminates the right to appeal directly to the Supreme Court under subdivision (a1)(2) and creates a right of appeal directly to the Court of Appeals under new subdivision (a)(8) for such orders that satisfy three procedural conditions identical to those in existing law for orders that can be appealed directly to the Supreme Court. Now requires the Court of Appeals, rather than the Supreme Court, to review the order eliminating reunification together with an appeal of the order terminating parental rights for appeals filed pursuant to new subdivision (a)(8). Maintains that the order terminating parental rights must be vacated if the order eliminating reunification is vacated. Makes conforming organizational changes. Applies to appeals filed on or after October 1, 2021. 


  • Summary date: Feb 17 2021 - More information

    Amends GS 7A-27 and GS 7B-1001 to change the right of appeal in termination of parental rights cases. Eliminates the right of appeal directly to the Supreme Court, and instead creates the right of appeal directly to the Court of Appeals, of any order that terminates parental rights or denies a petition or motion to terminate parental rights. Eliminates GS 7B-1001(a1), which established the right of appeal directly to the Supreme Court for orders eliminating reunification as a permanent plan when three specific conditions were satisfied. Maintains the direct right of appeal to the Court of Appeals for orders eliminating reunification as a permanent plan, set out in GS 7B-1001(a)(5). Makes conforming statutory reference change in GS 7B-1001(a2) and requires the Court of Appeals, rather than the Supreme Court, to review the order eliminating reunification together with an appeal of the order terminating parental rights. Maintains that the order terminating parental rights must be vacated if the order eliminating reunification is vacated. Applies to appeals filed on or after October 1, 2021. 


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