(a) Upon the filing of a motion pursuant to G.S. 7B-1102, the movant shall prepare a notice directed to each of the following persons or agency, not otherwise a movant:
(1) The parents of the juvenile. However, notice does not need to be directed to or served upon any parent who, under Chapter 48 of the General Statutes, has irrevocably relinquished the juvenile to a county department of social services or licensed child-placing agency or to any parent who has consented to the adoption of the juvenile by the movant.
(2) Any person who has been judicially appointed as guardian of the person of the juvenile.
(3) The custodian of the juvenile appointed by a court of competent jurisdiction.
(4) Any county department of social services or licensed child-placing agency to whom a juvenile has been released by one parent pursuant to Part 7 of Article 3 of Chapter 48 of the General Statutes or any county department of social services to whom placement responsibility for the juvenile has been given by a court of competent jurisdiction.
(5) The juvenile's guardian ad litem or attorney advocate, if one has been appointed pursuant to G.S. 7B-601 and has not been relieved of responsibility.
(6) Repealed by Session Laws 2009-38, s. 4, effective May 27, 2009.
The notice shall notify the person or agency to whom it is directed to file a written response within 30 days after service of the motion and notice. Service of the motion and notice shall be completed as provided under G.S. 7B-1102(b).
(b) The notice required by subsection (a) of this section shall include all of the following:
(1) The name of the minor juvenile.
(2) Notice that a written response to the motion must be filed with the clerk within 30 days after service of the motion and notice, or the parent's rights may be terminated.
(3) Notice that any counsel appointed previously and still representing the parent in an abuse, neglect, or dependency proceeding will continue to represent the parents unless otherwise ordered by the court.
(4) Notice that if the parent is indigent, the parent is entitled to appointed counsel and if the parent is not already represented by appointed counsel the parent may contact the clerk immediately to request counsel.
(5) Notice that the date, time, and place of any pretrial hearing pursuant to G.S. 7B-1108.1 and the hearing on the motion will be mailed by the moving party upon filing of the response or 30 days from the date of service if no response is filed.
(6) Notice of the purpose of the hearing and notice that the parents may attend the termination hearing.
(c) If a county department of social services, not otherwise a movant, is served with a motion seeking termination of a parent's rights, the director shall file a written response and shall be deemed a party to the proceeding. (2000-183, s. 6; 2009-38, s. 4; 2009-311, s. 11.)
§ 7B-1107. Failure of parent to answer or respond.
Upon the failure of a respondent parent to file written answer to the petition or written response to the motion within 30 days after service of the summons and petition or notice and motion, or within the time period established for a defendant's reply by G.S. 1A-1, Rule 4(j1) if service is by publication, the court may issue an order terminating all parental and custodial rights of that parent with respect to the juvenile; provided the court shall order a hearing on the petition or motion and may examine the petitioner or movant or others on the facts alleged in the petition or motion. (1977, c. 879, s. 8; 1979, c. 525, s. 3; 1987, c. 282, s. 2; 1998-202, s. 6; 1998-229, s. 10; 1999-456, s. 60; 2000-183, s. 7.)
Notes of Decisions
Cited in
37
cases (
2 in the last 5 years), 2003–2024 · leading case:
In re T.D.W., 692 S.E.2d 177 (N.C. Ct. App. 2010).
In re T.D.W., 692 S.E.2d 177 (N.C. Ct. App. 2010).
· cites it 62× “More specifically, Respondent-Mother contends that the present termination proceeding was not conducted in compliance with N.C. Gen. Stat. § 7B-1106.1 (2009), because DSS did not mail notice of the termination hearing in a timely manner and because the notice provided an…”
In re J.L.K., 598 S.E.2d 387 (N.C. Ct. App. 2004).
· cites it 11× “In Alexander, this Court held that in a proceeding to terminate parental rights, the petitioner’s failure to comply with the mandatory notice requirements set forth in N.C. Gen. Stat. § 7B-1106.1, which provides that the petitioner “shall” prepare notice directed to the…”
Orange Cnty. Dep't of Soc. Servs. v. Alexander, 581 S.E.2d 466 (N.C. Ct. App. 2003).
· cites it 21× “While the motions and certificates of service were served on respondents and their counsel, notice complying with the provisions of N.C. Gen. Stat. § 7B-1106.1 was not received.”
In Re Alexander, 581 S.E.2d 466 (N.C. Ct. App. 2003).
· cites it 21× “While the motions and certificates of service were served on respondents and their counsel, notice complying with the provisions of N.C. Gen.Stat. § 7B-1106.1 was not received.”
In re P.L.P., 618 S.E.2d 241 (N.C. Ct. App. 2005).
· cites it 7× “N.C. Gen.Stat. § 7B-1106.1 (2003) states in part: (a) Upon the filing of a motion pursuant to G.”
In re B.M., 607 S.E.2d 698 (N.C. Ct. App. 2005).
· cites it 8× “In respondents’ third assignment of error, they contend the trial court lacked jurisdiction to hear the motion to terminate their parental rights because they were not served with the notice required by N.”
In re M.I.W., 722 S.E.2d 469 (N.C. 2012).
· cites it 3× “Likewise, providing notice to the respondent when TPR proceedings are initiated by a motion in the cause does not require the court to exercise jurisdiction because N.C.G.S. § 7B-1106.1 places no burden on the court, instead requiring that notice be given by the movant.”
In re C.S.B., 669 S.E.2d 15 (N.C. Ct. App. 2008).
· cites it 34× “In her sole argument on appeal, respondent asserts that the trial court lacked subject matter jurisdiction because she was never served with the notice required by N.C. Gen.Stat. § 7B-1106.1 (2007) for motions in the cause seeking termination of parental rights.”
In Re A.R.H.B., 651 S.E.2d 247 (N.C. Ct. App. 2007).
· cites it 2× “Respondent father was served with notice of the termination hearing pursuant to North Carolina General Statutes, section 7B-1106.1 on 21 April 2006. Such notice stated that the date, time, and place of hearing would be mailed thirty days from the date of service of said notice…”
In re R.T.W., 614 S.E.2d 489 (N.C. 2005).
· cites it 3× “N.C.G.S. §§ 7B-1106.1, -1109(b). Section 7B-1111 of Article 11 sets forth nine grounds for terminating parental rights, the sixth of which applies here, namely, a parent’s inability to provide for “the proper care and supervision” of a child and the “reasonable probability that…”
In re S.F., 660 S.E.2d 924 (N.C. Ct. App. 2008).
· cites it 2× “N.C. Gen.Stat. § 7B-1106.1. Thus, because the court has already acquired subject matter jurisdiction over the juvenile and parents because of the ongoing proceedings, a new summons is not necessary; rather, mere notice of the hearing is sufficient.”
In re D.R.S., 638 S.E.2d 626 (N.C. Ct. App. 2007).
· cites it 2× “] (b) A motion pursuant to subsection (a) of this section and the notice required by G.S. 7B-1106.1 shall be served in accordance with G.”
— N.C. Gen. Stat. § 7B-1106.1(a) — 8 cases
Orange Cnty. Dep't of Soc. Servs. v. Alexander, 581 S.E.2d 466 (N.C. Ct. App. 2003).
“While the motions and certificates of service were served on respondents and their counsel, notice complying with the provisions of N.C. Gen. Stat. § 7B-1106.1 was not received.”
In Re Alexander, 581 S.E.2d 466 (N.C. Ct. App. 2003).
“While the motions and certificates of service were served on respondents and their counsel, notice complying with the provisions of N.C. Gen.Stat. § 7B-1106.1 was not received.”
In re T.D.W., 692 S.E.2d 177 (N.C. Ct. App. 2010).
“More specifically, Respondent-Mother contends that the present termination proceeding was not conducted in compliance with N.C. Gen. Stat. § 7B-1106.1 (2009), because DSS did not mail notice of the termination hearing in a timely manner and because the notice provided an…”
In re C.S.B., 669 S.E.2d 15 (N.C. Ct. App. 2008).
“In her sole argument on appeal, respondent asserts that the trial court lacked subject matter jurisdiction because she was never served with the notice required by N.C. Gen.Stat. § 7B-1106.1 (2007) for motions in the cause seeking termination of parental rights.”
In Re Tdw, 692 S.E.2d 177 (N.C. Ct. App. 2010).
— N.C. Gen. Stat. § 7B-1106.1(a)(1) — 1 case
In Re Bm, 607 S.E.2d 698 (N.C. Ct. App. 2005).
— N.C. Gen. Stat. § 7B-1106.1(a)(l) — 1 case
In re B.M., 607 S.E.2d 698 (N.C. Ct. App. 2005).
“In respondents’ third assignment of error, they contend the trial court lacked jurisdiction to hear the motion to terminate their parental rights because they were not served with the notice required by N.”
— N.C. Gen. Stat. § 7B-1106.1(b) — 11 cases
In re T.D.W., 692 S.E.2d 177 (N.C. Ct. App. 2010).
“More specifically, Respondent-Mother contends that the present termination proceeding was not conducted in compliance with N.C. Gen. Stat. § 7B-1106.1 (2009), because DSS did not mail notice of the termination hearing in a timely manner and because the notice provided an…”
Orange Cnty. Dep't of Soc. Servs. v. Alexander, 581 S.E.2d 466 (N.C. Ct. App. 2003).
“While the motions and certificates of service were served on respondents and their counsel, notice complying with the provisions of N.C. Gen. Stat. § 7B-1106.1 was not received.”
In re B.M., 607 S.E.2d 698 (N.C. Ct. App. 2005).
“In respondents’ third assignment of error, they contend the trial court lacked jurisdiction to hear the motion to terminate their parental rights because they were not served with the notice required by N.”
In Re Alexander, 581 S.E.2d 466 (N.C. Ct. App. 2003).
“While the motions and certificates of service were served on respondents and their counsel, notice complying with the provisions of N.C. Gen.Stat. § 7B-1106.1 was not received.”
— N.C. Gen. Stat. § 7B-1106.1(b)(2) — 1 case
— N.C. Gen. Stat. § 7B-1106.1(b)(5) — 3 cases
In re T.D.W., 692 S.E.2d 177 (N.C. Ct. App. 2010).
“More specifically, Respondent-Mother contends that the present termination proceeding was not conducted in compliance with N.C. Gen. Stat. § 7B-1106.1 (2009), because DSS did not mail notice of the termination hearing in a timely manner and because the notice provided an…”
In Re Tdw, 692 S.E.2d 177 (N.C. Ct. App. 2010).
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