The petition, or motion pursuant to G.S. 7B-1102, shall be verified by the petitioner or movant and shall be entitled "In Re (last name of juvenile), a minor juvenile", who shall be a party to the action, and shall set forth such of the following facts as are known; and with respect to the facts which are unknown the petitioner or movant shall so state:
(1) The name of the juvenile as it appears on the juvenile's birth certificate, the date and place of birth, and the county where the juvenile is presently residing.
(2) The name and address of the petitioner or movant and facts sufficient to identify the petitioner or movant as one authorized by G.S. 7B-1103 to file a petition or motion.
(3) (See Editor's note) The name and address of the parents of the juvenile. If the name or address of one or both parents is unknown to the petitioner or movant, the petitioner or movant shall set forth with particularity the petitioner's or movant's efforts to ascertain the identity or whereabouts of the parent or parents. The information may be contained in an affidavit attached to the petition or motion and incorporated therein by reference. A person whose actions resulted in a conviction under G.S. 14-27.21, 14-27.22, 14-27.23, or 14-27.24 and the conception of the juvenile need not be named in the petition.
(4) The name and address of any person who has been judicially appointed as guardian of the person of the juvenile.
(5) The name and address of any person or agency to whom custody of the juvenile has been given by a court of this or any other state; and a copy of the custody order shall be attached to the petition or motion.
(6) Facts that are sufficient to warrant a determination that one or more of the grounds for terminating parental rights exist.
(7) That the petition or motion has not been filed to circumvent the provisions of Article 2 of Chapter 50A of the General Statutes, the Uniform Child-Custody Jurisdiction and Enforcement Act. (1977, c. 879, s. 8; 1979, c. 110, s. 8; 1981, c. 469, s. 23; 1987, c. 550, s. 15; 1998-202, s. 6; 1999-223, s. 7; 1999-456, s. 60; 2000-183, s. 5; 2004-128, s. 14; 2009-38, s. 2; 2015-181, s. 24; 2015-264, s. 33(c).)
Notes of Decisions
Cited in
104
cases (
19 in the last 5 years), 2002–2026 · leading case:
In re Z.T.B., 613 S.E.2d 298 (N.C. Ct. App. 2005).
In re Z.T.B., 613 S.E.2d 298 (N.C. Ct. App. 2005).
· cites it 28× “shall set forth such of the following facts as are known; and with respect to the facts which are unknown the petitioner or movant shall so state: (4) The name and address of any person who has been judicially appointed as guardian of the person of the juvenile.”
In Re B.S.D.S., 594 S.E.2d 89 (N.C. Ct. App. 2004).
· cites it 12× “A petition to terminate parental rights shall state that it “has not been filed to circumvent the provisions of Article 2 of Chapter 50A of the- General Statutes, the Uniform Child-Custody Jurisdiction and Enforcement Act.”
In re T.M., 643 S.E.2d 471 (N.C. Ct. App. 2007).
· cites it 22× “, the respondent argued DSS's petition was defective because no existing custody order was attached "to the petition as explicitly required by North Carolina General Statutes section 7B-1104." 170 N.C.App. at 568 , 613 S.”
In Re Humphrey, 577 S.E.2d 421 (N.C. Ct. App. 2003).
· cites it 7× “Respondent contends the petition failed to state that it had not been filed to circumvent the provisions of Article 2 of Chapter 50A of the North Carolina General Statutes, as required by N.C.G.S. § 7B-1104. N.C. Gen. Stat. § 7B-1104(7) (2001) states that a petition or motion…”
In Re H.L.A.D., 646 S.E.2d 425 (N.C. Ct. App. 2007).
· cites it 10× “Respondent next argues that petitioners failed to allege sufficient facts as required by N.C. Gen.Stat. § 7B-1104(6) to warrant a determination that grounds existed to terminate his parental rights.”
In re T.M.H., 652 S.E.2d 1 (N.C. Ct. App. 2007).
· cites it 12× “Jurisdictional Challenge In his first argument, father contends that, because the petition failed to comply with N.C.G.S. § 7B-1104, the trial court was without subject matter jurisdiction over the case.”
In re J.D.S., 612 S.E.2d 350 (N.C. Ct. App. 2005).
· cites it 9× “The court's Conclusion of Law # 2 concluding Respondent has without justification failed to pay for the care, support, and education of the Juvenile as required by Court decree due to insufficiency of the evidence.”
In re C.M.H., 653 S.E.2d 929 (N.C. Ct. App. 2007).
· cites it 13× “Although this issue was not raised in either respondent's brief, we note that the 21 April 2005 motion to terminate parental rights was not verified.”
In re T.B., 629 S.E.2d 895 (N.C. Ct. App. 2006).
· cites it 8× “Prior to a hearing, respondents filed motions to dismiss the petitions for failure to comply with the requirements of N.C. Gen.Stat. § 7B-1104. The trial court denied their motions, and on 2 December 2004 the court entered orders terminating respondents' parental rights in their…”
In re M.M., 200 N.C. App. 248 (N.C. Ct. App. 2009).
· cites it 8× “DSS fully complied with the mandates of N.C. Gen. Stat. § 7B-1104 when filing the petition to terminate the parental rights of an unknown father.”
In re S.D.W., 653 S.E.2d 429 (N.C. Ct. App. 2007).
· cites it 10× “§ 7B-1103 (2005) (describing the persons or agencies who may file a motion or petition); N.C. Gen.Stat. § 7B-1104 (2005) (describing the requirements of a valid motion or petition).”
In Re Mm, 684 S.E.2d 463 (N.C. Ct. App. 2009).
· cites it 8× “DSS fully complied with the mandates of N.C. Gen.Stat. § 7B-1104 when filing the petition to terminate the parental rights of an unknown father.”
— N.C. Gen. Stat. § 7B-1104(1) — 6 cases
In re Z.T.B., 613 S.E.2d 298 (N.C. Ct. App. 2005).
“shall set forth such of the following facts as are known; and with respect to the facts which are unknown the petitioner or movant shall so state: (4) The name and address of any person who has been judicially appointed as guardian of the person of the juvenile.”
In Re Ztb, 613 S.E.2d 298 (N.C. Ct. App. 2005).
— N.C. Gen. Stat. § 7B-1104(2) — 8 cases
— N.C. Gen. Stat. § 7B-1104(3) — 3 cases
In re M.M., 200 N.C. App. 248 (N.C. Ct. App. 2009).
“DSS fully complied with the mandates of N.C. Gen. Stat. § 7B-1104 when filing the petition to terminate the parental rights of an unknown father.”
In Re Mm, 684 S.E.2d 463 (N.C. Ct. App. 2009).
“DSS fully complied with the mandates of N.C. Gen.Stat. § 7B-1104 when filing the petition to terminate the parental rights of an unknown father.”
— N.C. Gen. Stat. § 7B-1104(4) — 1 case
— N.C. Gen. Stat. § 7B-1104(5) — 21 cases
In re T.M., 643 S.E.2d 471 (N.C. Ct. App. 2007).
“, the respondent argued DSS's petition was defective because no existing custody order was attached "to the petition as explicitly required by North Carolina General Statutes section 7B-1104." 170 N.C.App. at 568 , 613 S.”
In re Z.T.B., 613 S.E.2d 298 (N.C. Ct. App. 2005).
“shall set forth such of the following facts as are known; and with respect to the facts which are unknown the petitioner or movant shall so state: (4) The name and address of any person who has been judicially appointed as guardian of the person of the juvenile.”
In Re H.L.A.D., 646 S.E.2d 425 (N.C. Ct. App. 2007).
“Respondent next argues that petitioners failed to allege sufficient facts as required by N.C. Gen.Stat. § 7B-1104(6) to warrant a determination that grounds existed to terminate his parental rights.”
In re T.B., 629 S.E.2d 895 (N.C. Ct. App. 2006).
“Prior to a hearing, respondents filed motions to dismiss the petitions for failure to comply with the requirements of N.C. Gen.Stat. § 7B-1104. The trial court denied their motions, and on 2 December 2004 the court entered orders terminating respondents' parental rights in their…”
— N.C. Gen. Stat. § 7B-1104(6) — 43 cases
In Re H.L.A.D., 646 S.E.2d 425 (N.C. Ct. App. 2007).
“Respondent next argues that petitioners failed to allege sufficient facts as required by N.C. Gen.Stat. § 7B-1104(6) to warrant a determination that grounds existed to terminate his parental rights.”
In Re Humphrey, 577 S.E.2d 421 (N.C. Ct. App. 2003).
“Respondent contends the petition failed to state that it had not been filed to circumvent the provisions of Article 2 of Chapter 50A of the North Carolina General Statutes, as required by N.C.G.S. § 7B-1104. N.C. Gen. Stat. § 7B-1104(7) (2001) states that a petition or motion…”
— N.C. Gen. Stat. § 7B-1104(6)(2003) — 2 cases
In Re Adl, 612 S.E.2d 639 (N.C. Ct. App. 2005).
— N.C. Gen. Stat. § 7B-1104(7) — 12 cases
In Re B.S.D.S., 594 S.E.2d 89 (N.C. Ct. App. 2004).
“A petition to terminate parental rights shall state that it “has not been filed to circumvent the provisions of Article 2 of Chapter 50A of the- General Statutes, the Uniform Child-Custody Jurisdiction and Enforcement Act.”
In re Z.T.B., 613 S.E.2d 298 (N.C. Ct. App. 2005).
“shall set forth such of the following facts as are known; and with respect to the facts which are unknown the petitioner or movant shall so state: (4) The name and address of any person who has been judicially appointed as guardian of the person of the juvenile.”
In re J.D.S., 612 S.E.2d 350 (N.C. Ct. App. 2005).
“The court's Conclusion of Law # 2 concluding Respondent has without justification failed to pay for the care, support, and education of the Juvenile as required by Court decree due to insufficiency of the evidence.”
In Re Humphrey, 577 S.E.2d 421 (N.C. Ct. App. 2003).
“Respondent contends the petition failed to state that it had not been filed to circumvent the provisions of Article 2 of Chapter 50A of the North Carolina General Statutes, as required by N.C.G.S. § 7B-1104. N.C. Gen. Stat. § 7B-1104(7) (2001) states that a petition or motion…”
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