(a) Any respondent may file a written answer to the petition or written response to the motion. Only a district court judge may grant an extension of time in which to answer or respond. The answer or response shall admit or deny the allegations of the petition or motion and shall set forth the name and address of the answering respondent or the respondent's attorney.
(b) If an answer or response denies any material allegation of the petition or motion, the court shall appoint a guardian ad litem for the juvenile to represent the best interests of the juvenile, unless the petition or motion was filed by the guardian ad litem pursuant to G.S. 7B-1103, or a guardian ad litem has already been appointed pursuant to G.S. 7B-601. A licensed attorney shall be appointed to assist those guardians ad litem who are not attorneys licensed to practice in North Carolina. The appointment, duties, and payment of the guardian ad litem shall be the same as in G.S. 7B-601 and G.S. 7B-603, but in no event shall a guardian ad litem who is trained and supervised by the guardian ad litem program be appointed to any case unless the juvenile is or has been the subject of a petition for abuse, neglect, or dependency or with good cause shown the local guardian ad litem program consents to the appointment.
(c) In proceedings under this Article, the appointment of a guardian ad litem shall not be required except, as provided above, in cases in which an answer or response is filed denying material allegations, or as required under G.S. 7B-1101; but the court may, in its discretion, appoint a guardian ad litem for a juvenile, either before or after determining the existence of grounds for termination of parental rights, in order to assist the court in determining the best interests of the juvenile.
(d) If a guardian ad litem has previously been appointed for the juvenile under G.S. 7B-601, and the appointment of a guardian ad litem could also be made under this section, the guardian ad litem appointed under G.S. 7B-601, and any attorney appointed to assist that guardian, shall also represent the juvenile in all proceedings under this Article and shall have the duties and payment of a guardian ad litem appointed under this section, unless the court determines that the best interests of the juvenile require otherwise. (1977, c. 879, s. 8; 1981 (Reg. Sess., 1982), c. 1331, s. 3; 1983, c. 870, s. 2; 1989 (Reg. Sess., 1990), c. 851, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2000-183, s. 8; 2003-140, s. 7; 2009-311, s. 12; 2011-295, s. 14.)
Notes of Decisions
Cited in
46
cases (
10 in the last 5 years), 2001–2026 · leading case:
In re: P.T.W.
In re: P.T.W. (2016)
ncctapp · cites it 31×
“§ 7B-601, and if appointment of a GAL "could also be made under [ N.C.G.S. § 7B-1108 ]," the GAL appointed under *606 N.”
In Re Fuller (2001)
ncctapp · cites it 26×
“” N.C. Gen. Stat. § 7B-1108(b) (1999) (emphasis added).”
In re R.A.H. (2005)
ncctapp · cites it 8×
“prior to the termination hearing and in accordance with N.C. Gen.Stat. § 7B-1108. We agree. N.C. Gen Stat 7B-1108(b) (2004) states: "The appointment, duties, and payment of the guardian ad litem shall be the same as in G.”
In Re Dj. L. (2007)
ncctapp · cites it 4×
“First, respondent argues that counsel’s performance was deficient because counsel waived her right to a pre-trial hearing under N.C. Gen. Stat. § 7B-1108(b) (2005) by failing to file an answer to DSS’s petition for termination.”
In re J.H.K. (2011)
nc · cites it 19×
“This Court, applying the predecessor statute to N.C.G.S. § 7B-1108, observed that under the statutory law and traditional practice of this State, the minor parties to a civil action or a special proceeding must be represented by a guardian ad litem who may defend pro se or…”
In Re J.L.S. (2005)
ncctapp · cites it 10×
“pursuant to N.C. Gen. Stat. § 7B-1108 where respondent filed a response to the petition on the day of the hearing.”
In re B.D. (2005)
ncctapp · cites it 4×
“When a respondent denies via answer any material allegation contained within a petition to terminate parental rights, N.C. Gen.Stat. § 7B-1108(b) (2003) requires that the trial court conduct a "special hearing .”
In re J.H.K. (2010)
ncctapp · cites it 25×
“If a GAL has already been appointed pursuant to section 7B-601 and appointment of a GAL is also appropriate under section 7B-1108, section 7B-1108(d) further requires: the guardian ad litem appointed under G.”
In re A.D.N. (2013)
ncctapp · cites it 4×
“N.C. Gen. Stat. § 7B-1108(b) (2011) provides that when a parent files a response to a TPR petition or motion that “denies any material allegation of the petition or motion, the court shall appoint a guardian ad litem for the juvenile to represent the best interests of the…”
In re: S.Z.H. (2016)
ncctapp · cites it 2×
“5 The record on appeal lacks the trial court's order appointing Sally's guardian ad litem pursuant to N.C. Gen.Stat. § 7B-1108 (2013) and the guardian ad litem's written report.”
In re D.E.G. (2013)
ncctapp · cites it 2×
“Counsel for both respondent parties will be excused for absence or [sic] contact with their clients,” and proceeded to conduct a special hearing held pursuant to N.C. Gen. Stat. § 7B-1108(b) and the adjudication and dispositional portions of the termination hearing without…”
In re J.H.K. (2011)
ncctapp · cites it 2×
“K, in violation of N.C. Gen. Stat. §7B-1108(b). The North Carolina Supreme Court reversed this decision and remanded back to this Court for consideration of issues not addressed by the original opinion.”
— N.C. Gen. Stat. § 7B-1108(a) — 1 case
— N.C. Gen. Stat. § 7B-1108(b) — 36 cases
In Re Fuller (2001)
ncctapp
“” N.C. Gen. Stat. § 7B-1108(b) (1999) (emphasis added).”
In re: P.T.W. (2016)
ncctapp
“§ 7B-601, and if appointment of a GAL "could also be made under [ N.C.G.S. § 7B-1108 ]," the GAL appointed under *606 N.”
In Re Dj. L. (2007)
ncctapp
“First, respondent argues that counsel’s performance was deficient because counsel waived her right to a pre-trial hearing under N.C. Gen. Stat. § 7B-1108(b) (2005) by failing to file an answer to DSS’s petition for termination.”
In Re J.L.S. (2005)
ncctapp
“pursuant to N.C. Gen. Stat. § 7B-1108 where respondent filed a response to the petition on the day of the hearing.”
In re B.D. (2005)
ncctapp
“When a respondent denies via answer any material allegation contained within a petition to terminate parental rights, N.C. Gen.Stat. § 7B-1108(b) (2003) requires that the trial court conduct a "special hearing .”
— N.C. Gen. Stat. § 7B-1108(c) — 5 cases
In re: P.T.W. (2016)
ncctapp
“§ 7B-601, and if appointment of a GAL "could also be made under [ N.C.G.S. § 7B-1108 ]," the GAL appointed under *606 N.”
— N.C. Gen. Stat. § 7B-1108(d) — 10 cases
In re R.A.H. (2005)
ncctapp
“prior to the termination hearing and in accordance with N.C. Gen.Stat. § 7B-1108. We agree. N.C. Gen Stat 7B-1108(b) (2004) states: "The appointment, duties, and payment of the guardian ad litem shall be the same as in G.”
In re: P.T.W. (2016)
ncctapp
“§ 7B-601, and if appointment of a GAL "could also be made under [ N.C.G.S. § 7B-1108 ]," the GAL appointed under *606 N.”
In re J.H.K. (2010)
ncctapp
“If a GAL has already been appointed pursuant to section 7B-601 and appointment of a GAL is also appropriate under section 7B-1108, section 7B-1108(d) further requires: the guardian ad litem appointed under G.”
In re J.H.K. (2011)
nc
“This Court, applying the predecessor statute to N.C.G.S. § 7B-1108, observed that under the statutory law and traditional practice of this State, the minor parties to a civil action or a special proceeding must be represented by a guardian ad litem who may defend pro se or…”
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