Bill Summary for S 113 (2021-2022)

Summary date: 

Feb 17 2021

Bill Information:

View NCGA Bill Details2021
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.

View: All Summaries for BillTracking:

Bill 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. 

© 2021 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view