AN ACT TO MODIFY THE RIGHT TO APPEAL IN TERMINATION OF PARENTAL RIGHTS CASES. SL 2021-18. Enacted May 7, 2021. Effective July 1, 2021.
MODIFY TERMINATION OF PARENTAL RIGHTS APPEALS.
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View NCGA Bill Details | 2021 |
AN ACT TO MODIFY THE RIGHT TO APPEAL IN TERMINATION OF PARENTAL RIGHTS CASES.Intro. by Britt, Sanderson, Daniel.
Bill History:
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Wed, 17 Feb 2021 Senate: Filed
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Thu, 18 Feb 2021 Senate: Passed 1st Reading
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Thu, 18 Feb 2021 Senate: Ref To Com On Rules and Operations of the Senate
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Mon, 22 Feb 2021 Senate: Withdrawn From Com
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Tue, 2 Mar 2021 Senate: Reptd Fav Com Substitute
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Tue, 2 Mar 2021 Senate: Com Substitute Adopted
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Tue, 2 Mar 2021 Senate: Re-ref Com On Rules and Operations of the Senate
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Mon, 8 Mar 2021 Senate: Reptd Fav
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Tue, 9 Mar 2021 Senate: Amend Adopted A1
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Tue, 9 Mar 2021 Senate: Passed 2nd Reading
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Tue, 9 Mar 2021 Senate: Passed 3rd Reading
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Tue, 9 Mar 2021 Senate: Engrossed
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Wed, 10 Mar 2021 Senate: Regular Message Sent To House
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Wed, 10 Mar 2021 House: Regular Message Received From Senate
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Thu, 11 Mar 2021 House: Passed 1st Reading
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Thu, 11 Mar 2021 House: Ref To Com On Rules, Calendar, and Operations of the House
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Mon, 22 Mar 2021 House: Withdrawn From Com
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Tue, 30 Mar 2021 House: Reptd Fav Com Substitute
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Tue, 30 Mar 2021 House: Re-ref Com On Families, Children, and Aging Policy
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Wed, 14 Apr 2021 House: Withdrawn From Com
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Wed, 14 Apr 2021 House: Re-ref Com On Rules, Calendar, and Operations of the House
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Tue, 20 Apr 2021 House: Reptd Fav
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Tue, 20 Apr 2021 House: Cal Pursuant Rule 36(b)
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Tue, 20 Apr 2021 House: Placed On Cal For 04/21/2021
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Wed, 21 Apr 2021 House: Amend Adopted A1
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Wed, 21 Apr 2021 House: Amend Adopted A2
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Wed, 21 Apr 2021 House: Passed 2nd Reading
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Wed, 21 Apr 2021 House: Passed 3rd Reading
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Wed, 21 Apr 2021 House: Ordered Engrossed
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Thu, 22 Apr 2021 House: Regular Message Sent To Senate
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Mon, 26 Apr 2021 Senate: Regular Message Received For Concurrence in H Com Sub
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Mon, 26 Apr 2021 Senate: Placed On Cal For 04/27/2021
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Tue, 27 Apr 2021 Senate: Concurred In H Com Sub
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Tue, 27 Apr 2021 Senate: Ordered Enrolled
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Wed, 28 Apr 2021 Senate: Ratified
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Thu, 29 Apr 2021 Senate: Pres. To Gov. 4/29/2021
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Fri, 7 May 2021 Senate: Signed by Gov. 5/7/2021
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Fri, 7 May 2021 Senate: Ch. SL 2021-18
Bill Summaries:
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Bill S 113 (2021-2022)Summary date: May 7 2021 - View Summary
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Bill S 113 (2021-2022)Summary date: Apr 21 2021 - View Summary
House amendments make the following changes to the 4th edition.
Amendment #2 deletes the proposed changes to GS 7A-30 regarding appeals of right from certain decisions of the Court of Appeals.
Amendment #1 revises the required content of the proposed annual reporting requirement of the Director of the Administrative Office of the Courts regarding appeals of termination of parental rights cases set forth in GS 7A-343(16). Now requires the report to include, among the content not revised, the number of notices of appeal for termination of parental rights cases that were properly filed with the trial court (was, with the Court of Appeals), the date on which each notice of appeal for a termination of parental rights case was filed (was, with the Court of Appeals) and the date that the record was filed with the Court of Appeals, and the age of termination of parental rights cases measured by the date the notice of appeal was filed (was, with the court) and the date the record was filed with the court.
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Bill S 113 (2021-2022)Summary date: Mar 30 2021 - View Summary
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.
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Bill S 113 (2021-2022)Summary date: Mar 9 2021 - View Summary
Senate amendment amends the 2nd edition as follows. Changes the effective date of the act from October 1, 2021, to July 1, 2021.
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Bill S 113 (2021-2022)Summary date: Mar 2 2021 - View Summary
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.
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Bill S 113 (2021-2022)Summary date: Feb 17 2021 - View Summary
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.