(a) The hearing on the termination of parental rights shall be conducted by the court sitting without a jury and shall be held in the district at such time and place as the chief district court judge shall designate, but no later than 90 days from the filing of the petition or motion unless the judge pursuant to subsection (d) of this section orders that it be held at a later time. Reporting of the hearing shall be as provided by G.S. 7A-198 for reporting civil trials.
(b) The court shall inquire whether the juvenile's parents are present at the hearing and, if so, whether they are represented by counsel. If the parents are not represented by counsel, the court shall inquire whether the parents desire counsel but are indigent. In the event that the parents desire counsel but are indigent as defined in G.S. 7A-450(a) and are unable to obtain counsel to represent them, counsel shall be appointed to represent them in accordance with rules adopted by the Office of Indigent Defense Services. The court shall grant the parents such an extension of time as is reasonable to permit their appointed counsel to prepare their defense to the termination petition or motion.
(c) The court may, upon finding that reasonable cause exists, order the juvenile to be examined by a psychiatrist, a licensed clinical psychologist, a physician, a public or private agency, or any other expert in order that the juvenile's psychological or physical condition or needs may be ascertained or, in the case of a parent whose ability to care for the juvenile is at issue, the court may order a similar examination of any parent of the juvenile.
(d) The court may for good cause shown continue the hearing for up to 90 days from the date of the initial petition in order to receive additional evidence including any reports or assessments that the court has requested, to allow the parties to conduct expeditious discovery, or to receive any other information needed in the best interests of the juvenile. Continuances that extend beyond 90 days after the initial petition shall be granted only in extraordinary circumstances when necessary for the proper administration of justice, and the court shall issue a written order stating the grounds for granting the continuance.
(e) The court shall take evidence, find the facts, and shall adjudicate the existence or nonexistence of any of the circumstances set forth in G.S. 7B-1111 which authorize the termination of parental rights of the respondent. The adjudicatory order shall be reduced to writing, signed, and entered no later than 30 days following the completion of the termination of parental rights hearing. If the order is not entered within 30 days following completion of the hearing, the clerk of court for juvenile matters shall schedule a subsequent hearing at the first session of court scheduled for the hearing of juvenile matters following the 30-day period to determine and explain the reason for the delay and to obtain any needed clarification as to the contents of the order. The order shall be entered within 10 days of the subsequent hearing required by this subsection.
(f) The burden in such proceedings shall be upon the petitioner or movant and all findings of fact shall be based on clear and convincing evidence. The rules of evidence in civil cases shall apply. No husband-wife or physician-patient privilege shall be grounds for excluding any evidence regarding the existence or nonexistence of any circumstance authorizing the termination of parental rights. (1977, c. 879, s. 8; 1979, c. 669, s. 1; 1981, c. 966, s. 3; 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; 2000-144, s. 19; 2000-183, s. 9; 2001-208, ss. 7, 22; 2001-487, s. 101; 2003-304, s. 2; 2005-398, s. 16; 2011-295, s. 15; 2013-129, s. 34; 2025-16, s. 1.14(b).)
Notes of Decisions
Cited in
588
cases (
226 in the last 5 years), 2000–2026 · leading case:
In re T.N.H., 831 S.E.2d 54 (N.C. 2019).
In re T.N.H., 831 S.E.2d 54 (N.C. 2019).
· cites it 12× “Respondent argues on appeal that the trial court erred in terminating her parental rights because it did not receive sufficient evidence or make adequate findings of fact. **406 Our Juvenile Code provides for a two-stage process for the termination of parental rights: the…”
In re D.L.W., 788 S.E.2d 162 (N.C. 2016).
· cites it 7× “N.C.G.S. §§ 7B-1109, -1110 (2015). In the initial adjudication stage, the trial court must determine whether grounds exist pursuant to N.”
In re J.L.K., 598 S.E.2d 387 (N.C. Ct. App. 2004).
· cites it 14× “” N.C. Gen. Stat. § 7B-1109(e) (2003). In the present case, the TPR hearing was held on 21 August 2002 and the trial court did not enter the written order until 89 days later, on 19 November 2002.”
In re L.E.B., 610 S.E.2d 424 (N.C. Ct. App. 2005).
· cites it 15× “$ 7B-1109 and § 7B-1110 Respondent-mother argues the trial court erred in terminating her parental rights over the minors by failing to comply with the time limitations imposed by N.C. Gen. Stat. § 7B-1109(e) and § 7B-1110(a).”
In re A.D.L., 612 S.E.2d 639 (N.C. Ct. App. 2005).
· cites it 17× “N.C. Gen.Stat. § 7B-1109(e) provides: The court shall take evidence, find the facts, and shall adjudicate the existence or nonexistence of any of the circumstances set forth in G.”
In Re Mills, 567 S.E.2d 166 (N.C. Ct. App. 2002).
· cites it 20× “Termination of Parental Rights Trial courts conduct termination of parental rights proceedings in two phases: (1) the adjudication phase governed by N.C.G.S. § 7B-1109 and (2) the disposition phase governed by N.”
In re D.J.D., 615 S.E.2d 26 (N.C. Ct. App. 2005).
· cites it 10× “In his third argument, respondent maintains that there were insufficient findings to support the grounds cited by the trial court when terminating his parental rights.”
In re C.J.B., 614 S.E.2d 368 (N.C. Ct. App. 2005).
· cites it 13× “On 5 March 2003 the trial court announced its decision that respondent's parental rights would be terminated. Respondent filed notice of appeal.”
In Re Yocum, 580 S.E.2d 399 (N.C. Ct. App. 2003).
· cites it 12× “*403 In his first assignment of error, respondent contends that there was not clear, cogent and convincing evidence that he neglected the minor child, and that the trial court therefore erred in otherwise finding.”
In re J.Z.M., 646 S.E.2d 631 (N.C. Ct. App. 2007).
· cites it 26× “Under North Carolina General Statute § 7B-1109, the trial court must hold the initial adjudicatory hearing on a petition to terminate parental rights "no later than 90 days from the filing of the petition or motion unless the judge pursuant to section (d) of this section orders…”
In re S.N.H., 627 S.E.2d 510 (N.C. Ct. App. 2006).
· cites it 11× “In her first argument, respondent contends the trial court lacked jurisdiction to rule on the petition to terminate her parental rights by failing to adjudicate the petition within ninety days as required by N.C. Gen. Stat. § 7B-1109. We disagree. After a petition to terminate…”
In re: O.D.S., 786 S.E.2d 410 (N.C. Ct. App. 2016).
· cites it 10× “N.C. Gen.Stat. § 7B-1109 requires the trial court to do the following in response to any adjudication hearing deciding whether grounds exist to terminate a person's parental rights: The court shall take evidence, find the facts, and shall adjudicate the existence or nonexistence…”
— N.C. Gen. Stat. § 7B-1109(a) — 63 cases
In re J.Z.M., 646 S.E.2d 631 (N.C. Ct. App. 2007).
“Under North Carolina General Statute § 7B-1109, the trial court must hold the initial adjudicatory hearing on a petition to terminate parental rights "no later than 90 days from the filing of the petition or motion unless the judge pursuant to section (d) of this section orders…”
— N.C. Gen. Stat. § 7B-1109(a)(2005) — 3 cases
In Re Ct, 643 S.E.2d 23 (N.C. Ct. App. 2007).
In Re Rpc, 647 S.E.2d 688 (N.C. Ct. App. 2007).
— N.C. Gen. Stat. § 7B-1109(b) — 7 cases
In re S.N.H., 627 S.E.2d 510 (N.C. Ct. App. 2006).
“In her first argument, respondent contends the trial court lacked jurisdiction to rule on the petition to terminate her parental rights by failing to adjudicate the petition within ninety days as required by N.C. Gen. Stat. § 7B-1109. We disagree. After a petition to terminate…”
In Re Snh, 627 S.E.2d 510 (N.C. Ct. App. 2006).
— N.C. Gen. Stat. § 7B-1109(c) — 2 cases
— N.C. Gen. Stat. § 7B-1109(d) — 53 cases
In re D.J.D., 615 S.E.2d 26 (N.C. Ct. App. 2005).
“In his third argument, respondent maintains that there were insufficient findings to support the grounds cited by the trial court when terminating his parental rights.”
In re J.Z.M., 646 S.E.2d 631 (N.C. Ct. App. 2007).
“Under North Carolina General Statute § 7B-1109, the trial court must hold the initial adjudicatory hearing on a petition to terminate parental rights "no later than 90 days from the filing of the petition or motion unless the judge pursuant to section (d) of this section orders…”
— N.C. Gen. Stat. § 7B-1109(e) — 248 cases
In re T.N.H., 831 S.E.2d 54 (N.C. 2019).
“Respondent argues on appeal that the trial court erred in terminating her parental rights because it did not receive sufficient evidence or make adequate findings of fact. **406 Our Juvenile Code provides for a two-stage process for the termination of parental rights: the…”
In re J.L.K., 598 S.E.2d 387 (N.C. Ct. App. 2004).
“” N.C. Gen. Stat. § 7B-1109(e) (2003). In the present case, the TPR hearing was held on 21 August 2002 and the trial court did not enter the written order until 89 days later, on 19 November 2002.”
In re A.D.L., 612 S.E.2d 639 (N.C. Ct. App. 2005).
“N.C. Gen.Stat. § 7B-1109(e) provides: The court shall take evidence, find the facts, and shall adjudicate the existence or nonexistence of any of the circumstances set forth in G.”
In re L.E.B., 610 S.E.2d 424 (N.C. Ct. App. 2005).
“$ 7B-1109 and § 7B-1110 Respondent-mother argues the trial court erred in terminating her parental rights over the minors by failing to comply with the time limitations imposed by N.C. Gen. Stat. § 7B-1109(e) and § 7B-1110(a).”
In re C.J.B., 614 S.E.2d 368 (N.C. Ct. App. 2005).
“On 5 March 2003 the trial court announced its decision that respondent's parental rights would be terminated. Respondent filed notice of appeal.”
— N.C. Gen. Stat. § 7B-1109(e)(2003) — 2 cases
In Re Plp, 618 S.E.2d 241 (N.C. Ct. App. 2005).
— N.C. Gen. Stat. § 7B-1109(e)(2005) — 2 cases
In Re Ct, 643 S.E.2d 23 (N.C. Ct. App. 2007).
— N.C. Gen. Stat. § 7B-1109(e)(2006) — 1 case
In Re Lap, 640 S.E.2d 448 (N.C. Ct. App. 2007).
— N.C. Gen. Stat. § 7B-1109(e)(f) — 2 cases
In Re Mills, 567 S.E.2d 166 (N.C. Ct. App. 2002).
“Termination of Parental Rights Trial courts conduct termination of parental rights proceedings in two phases: (1) the adjudication phase governed by N.C.G.S. § 7B-1109 and (2) the disposition phase governed by N.”
— N.C. Gen. Stat. § 7B-1109(f) — 215 cases
In re D.L.W., 788 S.E.2d 162 (N.C. 2016).
“N.C.G.S. §§ 7B-1109, -1110 (2015). In the initial adjudication stage, the trial court must determine whether grounds exist pursuant to N.”
In Re Mills, 567 S.E.2d 166 (N.C. Ct. App. 2002).
“Termination of Parental Rights Trial courts conduct termination of parental rights proceedings in two phases: (1) the adjudication phase governed by N.C.G.S. § 7B-1109 and (2) the disposition phase governed by N.”
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