(a) The parent has the right to counsel, and to appointed counsel in cases of indigency, unless the parent waives the right. The fees of appointed counsel shall be borne by the Office of Indigent Defense Services. When a petition is filed, unless the parent is already represented by counsel, the clerk shall appoint provisional counsel for each respondent parent named in the petition in accordance with rules adopted by the Office of Indigent Defense Services, shall indicate the appointment on the juvenile summons, and shall provide a copy of the summons and petition to the attorney. At the first hearing after service upon the respondent parent, the court shall dismiss the provisional counsel if the respondent parent:
(1) Does not appear at the hearing;
(2) Does not qualify for court-appointed counsel;
(3) Has retained counsel; or
(4) Waives the right to counsel.
The court shall confirm the appointment of counsel if subdivisions (1) through (4) of this subsection are not applicable to the respondent parent. The court may reconsider a parent's eligibility and desire for appointed counsel at any stage of the proceeding.
(a1) A parent qualifying for appointed counsel may be permitted to proceed without the assistance of counsel only after the court examines the parent and makes findings of fact sufficient to show that the waiver is knowing and voluntary. This examination shall be reported as provided in G.S. 7B-806.
(b) In addition to the right to appointed counsel under subsection (a) of this section, a guardian ad litem shall be appointed in accordance with G.S. 1A-1, Rule 17, to represent any parent who is under the age of 18 years and who is not married or otherwise emancipated.
(c) On motion of any party or on the court's own motion, the court may appoint a guardian ad litem for a parent who is incompetent in accordance with G.S. 1A-1, Rule 17.
(d) The parent's counsel shall not be appointed to serve as the guardian ad litem and the guardian ad litem shall not act as the parent's attorney. Communications between the guardian ad litem appointed under this section and the parent and between the guardian ad litem and the parent's counsel shall be privileged and confidential to the same extent that communications between the parent and the parent's counsel are privileged and confidential.
(e) Repealed by Session Laws 2013-129, s. 32, effective October 1, 2013, and applicable to actions filed or pending on or after that date.
(f) The fees of a guardian ad litem appointed pursuant to this section shall be borne by the Office of Indigent Defense Services when the court finds that the respondent is indigent. In other cases, the fees of the court-appointed guardian ad litem shall be a proper charge against the respondent if the respondent does not secure private legal counsel. (2005-398, s. 15; 2009-311, s. 9; 2011-326, s. 12(b); 2012-194, s. 41; 2013-129, s. 32; 2021-100, s. 17.)
Notes of Decisions
Cited in
117
cases (
43 in the last 5 years), 2006–2026 · leading case:
In re L.B., 653 S.E.2d 240 (N.C. Ct. App. 2007).
In re L.B., 653 S.E.2d 240 (N.C. Ct. App. 2007).
· cites it 45× “See N.C. Gen. Stat. § 7B-1101.1 (2005). Chapter 35A of the North Carolina General Statutes also governs the appointment of guardians.”
In re T.L.H., 772 S.E.2d 451 (N.C. 2015).
· cites it 25× “As a result, following the enactment of the 2013 amendment to N.C.G.S. § 7B-1101.1, respondent would have only been entitled to the appointment of a guardian ad litem in the event that she was incompetent and would not have been entitled to the continued assistance of a guardian…”
In Re I.t.p-l., 670 S.E.2d 282 (N.C. Ct. App. 2008).
· cites it 12× “Appointment of Guardian ad'Litem for Mother Mother next argues that the trial court erred in failing to timely appoint her a guardian ad litem pursuant to N.C. Gen. Stat. § 7B-1101.1(c). N.C. Gen.”
In re P.D.R., 737 S.E.2d 152 (N.C. Ct. App. 2012).
· cites it 29× “Based upon our review of the pertinent statutory provisions and this Court’s' prior opinions addressing this issue, we cannot agree with the parties that a parent’s GAL, appointed pursuant to N.C. Gen. Stat. § 7B-1101.1 (2011), necessarily, in all cases, plays a substitutive…”
In re L.E.M., 831 S.E.2d 341 (N.C. 2019).
· cites it 3× “See N.C.G.S. § 7B-1101.1 (2017). Having determined that the Court of Appeals erred in failing to conduct an independent review of the issues set out in the no-merit brief filed by respondent's counsel, we would normally remand this case to the Court of Appeals with instructions…”
In re D.E.G., 747 S.E.2d 280 (N.C. Ct. App. 2013).
· cites it 10× “2d 114 (2007); see also N.C. Gen. Stat. § 7B-1101.1. The right to counsel in a termination of parental rights proceeding includes the right to the effective assistance of counsel.”
In re J.S.L., 628 S.E.2d 387 (N.C. Ct. App. 2006).
· cites it 4× “N.C. Gen.Stat. § 7B-1101.1(c) (2005). The amendments are applicable only to proceedings filed on or after 1 October 2005 and are therefore not applicable here.”
In re A.S.Y., 208 N.C. App. 530 (N.C. Ct. App. 2010).
· cites it 22× “, the respondent-parents were each appointed a GAL pursuant to N.C.Gen. Stat. § 7B-1101.1. Id. at 328, 653 S.”
In Re Asy, 703 S.E.2d 797 (N.C. Ct. App. 2010).
· cites it 22× “, the respondent-parents were each appointed a GAL pursuant to N.C. Gen.Stat. § 7B-1101.1. Id. at 328, 653 S.”
In Re Dj. L., 646 S.E.2d 134 (N.C. Ct. App. 2007).
· cites it 4× “See also N.C. Gen. Stat. §§ 7B-1101.1(a), 1109(b) (2005).”
In re S.C.R., 679 S.E.2d 905 (N.C. Ct. App. 2009).
· cites it 2× “to adoption. Therefore, this assignment of error is overruled.”
In re A.Y., 737 S.E.2d 160 (N.C. Ct. App. 2013).
· cites it 6× “involved the appointment of a GAL for a termination of parental rights proceeding under N.C. Gen. Stat. § 7B-1101.1(c) (2011), its analysis applies equally to N.”
— N.C. Gen. Stat. § 7B-1101.1(a) — 39 cases
In re D.E.G., 747 S.E.2d 280 (N.C. Ct. App. 2013).
“2d 114 (2007); see also N.C. Gen. Stat. § 7B-1101.1. The right to counsel in a termination of parental rights proceeding includes the right to the effective assistance of counsel.”
In Re Dj. L., 646 S.E.2d 134 (N.C. Ct. App. 2007).
“See also N.C. Gen. Stat. §§ 7B-1101.1(a), 1109(b) (2005).”
In re S.C.R., 679 S.E.2d 905 (N.C. Ct. App. 2009).
“to adoption. Therefore, this assignment of error is overruled.”
— N.C. Gen. Stat. § 7B-1101.1(a)(1) — 9 cases
— N.C. Gen. Stat. § 7B-1101.1(a1) — 5 cases
— N.C. Gen. Stat. § 7B-1101.1(b) — 4 cases
In re L.B., 653 S.E.2d 240 (N.C. Ct. App. 2007).
“See N.C. Gen. Stat. § 7B-1101.1 (2005). Chapter 35A of the North Carolina General Statutes also governs the appointment of guardians.”
In Re Lb, 653 S.E.2d 240 (N.C. Ct. App. 2007).
— N.C. Gen. Stat. § 7B-1101.1(c) — 44 cases
In re T.L.H., 772 S.E.2d 451 (N.C. 2015).
“As a result, following the enactment of the 2013 amendment to N.C.G.S. § 7B-1101.1, respondent would have only been entitled to the appointment of a guardian ad litem in the event that she was incompetent and would not have been entitled to the continued assistance of a guardian…”
In Re I.t.p-l., 670 S.E.2d 282 (N.C. Ct. App. 2008).
“Appointment of Guardian ad'Litem for Mother Mother next argues that the trial court erred in failing to timely appoint her a guardian ad litem pursuant to N.C. Gen. Stat. § 7B-1101.1(c). N.C. Gen.”
In re J.S.L., 628 S.E.2d 387 (N.C. Ct. App. 2006).
“N.C. Gen.Stat. § 7B-1101.1(c) (2005). The amendments are applicable only to proceedings filed on or after 1 October 2005 and are therefore not applicable here.”
In re P.D.R., 737 S.E.2d 152 (N.C. Ct. App. 2012).
“Based upon our review of the pertinent statutory provisions and this Court’s' prior opinions addressing this issue, we cannot agree with the parties that a parent’s GAL, appointed pursuant to N.C. Gen. Stat. § 7B-1101.1 (2011), necessarily, in all cases, plays a substitutive…”
In re L.B., 653 S.E.2d 240 (N.C. Ct. App. 2007).
“See N.C. Gen. Stat. § 7B-1101.1 (2005). Chapter 35A of the North Carolina General Statutes also governs the appointment of guardians.”
— N.C. Gen. Stat. § 7B-1101.1(c)(2007) — 1 case
In Re Cmr, 680 S.E.2d 904 (N.C. Ct. App. 2009).
— N.C. Gen. Stat. § 7B-1101.1(d) — 4 cases
In re T.L.H., 772 S.E.2d 451 (N.C. 2015).
“As a result, following the enactment of the 2013 amendment to N.C.G.S. § 7B-1101.1, respondent would have only been entitled to the appointment of a guardian ad litem in the event that she was incompetent and would not have been entitled to the continued assistance of a guardian…”
— N.C. Gen. Stat. § 7B-1101.1(e) — 12 cases
In re L.B., 653 S.E.2d 240 (N.C. Ct. App. 2007).
“See N.C. Gen. Stat. § 7B-1101.1 (2005). Chapter 35A of the North Carolina General Statutes also governs the appointment of guardians.”
In re P.D.R., 737 S.E.2d 152 (N.C. Ct. App. 2012).
“Based upon our review of the pertinent statutory provisions and this Court’s' prior opinions addressing this issue, we cannot agree with the parties that a parent’s GAL, appointed pursuant to N.C. Gen. Stat. § 7B-1101.1 (2011), necessarily, in all cases, plays a substitutive…”
In re A.S.Y., 208 N.C. App. 530 (N.C. Ct. App. 2010).
“, the respondent-parents were each appointed a GAL pursuant to N.C.Gen. Stat. § 7B-1101.1. Id. at 328, 653 S.”
In Re Asy, 703 S.E.2d 797 (N.C. Ct. App. 2010).
“, the respondent-parents were each appointed a GAL pursuant to N.C. Gen.Stat. § 7B-1101.1. Id. at 328, 653 S.”
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