(a) The court has exclusive, original jurisdiction over any case involving a juvenile who is alleged to be abused, neglected, or dependent. This jurisdiction does not extend to cases involving adult defendants alleged to be guilty of abuse or neglect.
The court also has exclusive original jurisdiction of the following proceedings:
(1) Proceedings under the Interstate Compact on the Placement of Children set forth in Article 38 of this Chapter.
(2) Proceedings involving judicial consent for emergency surgical or medical treatment for a juvenile when the juvenile's parent, guardian, custodian, or other person who has assumed the status and obligation of a parent without being awarded legal custody of the juvenile by a court refuses to consent for treatment to be rendered.
(3) Proceedings to determine whether a juvenile should be emancipated.
(4) Proceedings to terminate parental rights.
(4a) Proceedings for reinstatement of parental rights.
(5) Proceedings to review the placement of a juvenile in foster care pursuant to an agreement between the juvenile's parents or guardian and a county department of social services.
(5a) Proceedings to review the placement of a young adult in foster care pursuant to G.S. 108A-48 and G.S. 7B-910.1.
(6) Proceedings in which a person is alleged to have obstructed or interfered with an investigation required by G.S. 7B-302.
(7) Proceedings involving consent for an abortion on an unemancipated minor under Article 1A, Part 2 of Chapter 90 of the General Statutes.
(8) Proceedings by an underage party seeking judicial authorization to marry under Article 1 of Chapter 51 of the General Statutes.
(9) Petitions for judicial review of a director's determination under Article 3A of this Chapter.
(b) The court shall have jurisdiction over the parent, guardian, custodian, or caretaker of a juvenile who has been adjudicated abused, neglected, or dependent, provided the parent, guardian, custodian, or caretaker has (i) been properly served with summons pursuant to G.S. 7B-406, (ii) waived service of process, or (iii) automatically become a party pursuant to G.S. 7B-401.1(c) or (d).
(c) When the court obtains jurisdiction over a juvenile as the result of a petition alleging that the juvenile is abused, neglected, or dependent:
(1) Any other civil action in this State in which the custody of the juvenile is an issue is automatically stayed as to that issue, unless the juvenile proceeding and the civil custody action or claim are consolidated pursuant to subsection (d) of this section or the court in the juvenile proceeding enters an order dissolving the stay. When there is an automatic stay, the court shall ensure that a notice is filed in the stayed action if the county and case file number are made known to the court. The notice shall be on a printed form created by the North Carolina Administrative Office of the Courts, include notice of the stay, and provide the county and case file number for the action under this Article.
(2) If an order entered in the juvenile proceeding and an order entered in another civil custody action conflict, the order in the juvenile proceeding controls as long as the court continues to exercise jurisdiction in the juvenile proceeding.
(d) Notwithstanding G.S. 50-13.5(f), the court in a juvenile proceeding may order that any civil action or claim for custody filed in the district be consolidated with the juvenile proceeding. If a civil action or claim for custody of the juvenile is filed in another district, the court in the juvenile proceeding, for good cause and after consulting with the court in the other district, may: (i) order that the civil action or claim for custody be transferred to the county in which the juvenile proceeding is filed; or (ii) order a change of venue in the juvenile proceeding and transfer the juvenile proceeding to the county in which the civil action or claim is filed. The court in the juvenile proceeding may also proceed in the juvenile proceeding while the civil action or claim remains stayed or dissolve the stay of the civil action or claim and stay the juvenile proceeding pending a resolution of the civil action or claim. (1979, c. 815, s. 1; 1983, c. 837, s. 1; 1985, c. 459, s. 2; 1987, c. 409, s. 2; 1995, c. 328, s. 3; c. 462, s. 2; 1996, 2nd Ex. Sess., c. 18, s. 23.2(c); 1998-202, s. 6; 1999-456, s. 60; 2001-62, s. 13; 2005-320, s. 1; 2005-399, s. 4; 2010-90, s. 3; 2011-295, s. 1; 2013-129, s. 2; 2017-161, s. 1; 2019-33, s. 2.)
Notes of Decisions
Cited in
90
cases (
16 in the last 5 years), 2002–2026 · leading case:
In re A.P., 812 S.E.2d 840 (N.C. 2018).
In re A.P., 812 S.E.2d 840 (N.C. 2018).
· cites it 16× “Section 7B-200 provides that the district court division of the General Court of Justice 2 "has exclusive, original jurisdiction over any case involving a juvenile who is alleged to be abused, neglected, or dependent.”
Rodriguez v. Rodriguez, 710 S.E.2d 235 (N.C. Ct. App. 2011).
· cites it 14× “See N.C. Gen.Stat. § 7B-200(a) (2007) ("The court has exclusive, original jurisdiction over any case involving a juvenile who is alleged to be abused, neglected, or dependent.”
In re T.R.P., 636 S.E.2d 787 (N.C. 2006).
· cites it 5× “” N.C.G.S. § 7B-200(a) (2005). The second section provides, “When the court obtains jurisdiction over a juvenile, jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 18 years or is otherwise emancipated.”
In re Poole, 568 S.E.2d 200 (N.C. Ct. App. 2002).
· cites it 12× “Because I disagree with the majority's conclusion that the trial court lacked jurisdiction to enter the order adjudicating Raven to be a dependent juvenile, I respectfully dissent.”
In re K.J.L., 677 S.E.2d 835 (N.C. 2009).
· cites it 6× “The allegations of a complaint determine a court’s jurisdiction over the subject matter of the action.”
In re Js, 598 S.E.2d 658 (N.C. Ct. App. 2004).
· cites it 4× “N.C. Gen.Stat. § 7B-200(a) provides that "[t]he court has exclusive, original jurisdiction over any case involving a juvenile who is alleged to be abused, neglected, or dependent.”
In re E.C., 621 S.E.2d 647 (N.C. Ct. App. 2005).
· cites it 4× “In order to remove a juvenile from the parents' custody the trial court must determine that the juvenile is "abused, neglected, or dependent.”
In re M.B., 635 S.E.2d 8 (N.C. Ct. App. 2006).
· cites it 6× “" N.C. Gen.Stat. § 7B-200(b) (2005). In the case sub judice, both the mother and respondent father were served personally with the summons and petition of 25 April 2005, and the proceeding was properly "commenced in the district in which the juvenile resides or is present.”
In re McKinney, 581 S.E.2d 793 (N.C. Ct. App. 2003).
· cites it 3× “Under N.C.G.S. § 7B-200(a)(4) (2001), the district court has “exclusive, original jurisdiction over .”
In re J.S., 165 N.C. App. 509 (N.C. Ct. App. 2004).
· cites it 3× “N.C. Gen. Stat. § 7B-200(a) provides that “[t]he court has exclusive, original jurisdiction over any case involving a juvenile who is alleged to be abused, neglected, or dependent.”
In re D.S.A., 641 S.E.2d 18 (N.C. Ct. App. 2007).
· cites it 4× “Stat. § 50A-209(a) (2005). Respondent-father contends that where DSS failed to attach an affidavit as to the status of D.”
In re E.X.J., 662 S.E.2d 24 (N.C. Ct. App. 2008).
· cites it 4× “" N.C. Gen.Stat. § 7B-200 (2005). North Carolina has also adopted the Uniform Child-Custody Jurisdiction and Enforcement Act ("UCCJEA"), which contains jurisdictional *32 and notice requirements that DSS must satisfy in order for the district court to assert, acquire, and…”
N.C. Gen. Stat. § 7B-200(a): 42 cases
Rodriguez v. Rodriguez, 710 S.E.2d 235 (N.C. Ct. App. 2011).
“See N.C. Gen.Stat. § 7B-200(a) (2007) ("The court has exclusive, original jurisdiction over any case involving a juvenile who is alleged to be abused, neglected, or dependent.”
In re T.R.P., 636 S.E.2d 787 (N.C. 2006).
“” N.C.G.S. § 7B-200(a) (2005). The second section provides, “When the court obtains jurisdiction over a juvenile, jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 18 years or is otherwise emancipated.”
In re A.P., 812 S.E.2d 840 (N.C. 2018).
“Section 7B-200 provides that the district court division of the General Court of Justice 2 "has exclusive, original jurisdiction over any case involving a juvenile who is alleged to be abused, neglected, or dependent.”
In re Poole, 568 S.E.2d 200 (N.C. Ct. App. 2002).
“Because I disagree with the majority's conclusion that the trial court lacked jurisdiction to enter the order adjudicating Raven to be a dependent juvenile, I respectfully dissent.”
In re Js, 598 S.E.2d 658 (N.C. Ct. App. 2004).
“N.C. Gen.Stat. § 7B-200(a) provides that "[t]he court has exclusive, original jurisdiction over any case involving a juvenile who is alleged to be abused, neglected, or dependent.”
N.C. Gen. Stat. § 7B-200(a)(2005): 2 cases
In re D.S.A., 641 S.E.2d 18 (N.C. Ct. App. 2007).
“Stat. § 50A-209(a) (2005). Respondent-father contends that where DSS failed to attach an affidavit as to the status of D.”
In re DSA, 641 S.E.2d 18 (N.C. Ct. App. 2007).
N.C. Gen. Stat. § 7B-200(a)(4): 12 cases
In re McKinney, 581 S.E.2d 793 (N.C. Ct. App. 2003).
“Under N.C.G.S. § 7B-200(a)(4) (2001), the district court has “exclusive, original jurisdiction over .”
In re Nb, 592 S.E.2d 597 (N.C. Ct. App. 2004).
N.C. Gen. Stat. § 7B-200(a)(6): 1 case
N.C. Gen. Stat. § 7B-200(a)(9): 1 case
N.C. Gen. Stat. § 7B-200(b): 11 cases
In re A.P., 812 S.E.2d 840 (N.C. 2018).
“Section 7B-200 provides that the district court division of the General Court of Justice 2 "has exclusive, original jurisdiction over any case involving a juvenile who is alleged to be abused, neglected, or dependent.”
In re M.B., 635 S.E.2d 8 (N.C. Ct. App. 2006).
“" N.C. Gen.Stat. § 7B-200(b) (2005). In the case sub judice, both the mother and respondent father were served personally with the summons and petition of 25 April 2005, and the proceeding was properly "commenced in the district in which the juvenile resides or is present.”
In re E.X.J., 662 S.E.2d 24 (N.C. Ct. App. 2008).
“" N.C. Gen.Stat. § 7B-200 (2005). North Carolina has also adopted the Uniform Child-Custody Jurisdiction and Enforcement Act ("UCCJEA"), which contains jurisdictional *32 and notice requirements that DSS must satisfy in order for the district court to assert, acquire, and…”
N.C. Gen. Stat. § 7B-200(c): 2 cases
N.C. Gen. Stat. § 7B-200(c)(1): 6 cases
In re A.P., 812 S.E.2d 840 (N.C. 2018).
“Section 7B-200 provides that the district court division of the General Court of Justice 2 "has exclusive, original jurisdiction over any case involving a juvenile who is alleged to be abused, neglected, or dependent.”
N.C. Gen. Stat. § 7B-200(c)(2): 2 cases
In re A.P., 812 S.E.2d 840 (N.C. 2018).
“Section 7B-200 provides that the district court division of the General Court of Justice 2 "has exclusive, original jurisdiction over any case involving a juvenile who is alleged to be abused, neglected, or dependent.”
N.C. Gen. Stat. § 7B-200(d): 3 cases
In re A.P., 812 S.E.2d 840 (N.C. 2018).
“Section 7B-200 provides that the district court division of the General Court of Justice 2 "has exclusive, original jurisdiction over any case involving a juvenile who is alleged to be abused, neglected, or dependent.”
In re NTS, 707 S.E.2d 651 (N.C. Ct. App. 2011).
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