Bill Summary for S 113 (2021-2022)

Summary date: 

Mar 2 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.

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Bill 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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