(a) A proceeding in which a juvenile is alleged to be abused, neglected, or dependent may be commenced in the judicial district in which the juvenile resides or is present at the time the petition is filed. If a regional social services department includes counties in more than one judicial district, the department shall file in the judicial district where the child resides or was present when the report required by G.S. 7B-301 was received. Notwithstanding G.S. 153A-257, the absence of a juvenile from the juvenile's home pursuant to a protection plan during an assessment or the provision of case management services by a department of social services shall not change the original venue if it subsequently becomes necessary to file a juvenile petition.
(b) When the director in one county conducts an assessment pursuant to G.S. 7B-302 in another county because a conflict of interest exists, the director in the county conducting the assessment may file a resulting petition in either county.
(c) For good cause, the court may grant a motion for a change of venue before adjudication. A pre-adjudication change of venue shall not affect the identity of the petitioner, unless a conflict of interest arising under G.S. 7B-302.1 necessitates a substitution of parties.
(d) Any change of venue after adjudication shall be pursuant to G.S. 7B-900.1. (1979, c. 815, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2009-311, s. 2; 2013-129, s. 7; 2017-41, s. 4.4; 2025-16, s. 1.4(b).)
Notes of Decisions
Cited in
12
cases (
2 in the last 5 years), 2004–2021 · 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 6× “§ 7B-400(a) (2017) (providing that "[a] proceeding in which a juvenile is alleged to be abused, neglected, or dependent may be commenced in the district in which the juvenile resides or is present").”
In Re Shepard, 591 S.E.2d 1 (N.C. Ct. App. 2004).
· cites it 2× “§ 7A-517 (now N.C. Gen. Stat. § 7B-400), alleging Dashaun Shepard, aged nine, Shalita Shepard, aged seven, Jarico Shepard, aged five, Asia Shepard, aged four, and their two older siblings to be “dependent juveniles” as defined by N.”
In re E.C., 621 S.E.2d 647 (N.C. Ct. App. 2005).
· cites it 2× “" N.C. Gen.Stat. § 7B-400 (2003). A neglected juvenile is defined as follows: A juvenile who does not receive proper care, supervision, or discipline from the juvenile's parent, guardian, custodian, or caretaker; or who has been abandoned; or who is not provided necessary…”
In re R.T.W., 614 S.E.2d 489 (N.C. 2005).
· cites it 3× “Even absent such a request, DSS may file a juvenile petition in district court alleging abuse, neglect, or dependency within the meaning of N.”
In re M.B., 635 S.E.2d 8 (N.C. Ct. App. 2006).
· cites it 2× “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: A.P., 800 S.E.2d 77 (N.C. Ct. App. 2017).
· cites it 4× “§ 7B-400(a) provides [a] proceeding in which a juvenile is alleged to be abused, neglected, or dependent may be commenced in the district *42 in which the juvenile resides or is present.”
In re M.R.J., 862 S.E.2d 639 (N.C. 2021).
· cites it 13× “¶ 30 Moreover, contrary to respondent-mother’s characterization, the record demonstrates that Wake County is a proper venue for the juvenile proceeding initiated on 13 February 2019.”
In re M.R.J., 862 S.E.2d 639 (N.C. 2021).
· cites it 13× “¶ 30 Moreover, contrary to respondent-mother’s characterization, the record demonstrates that Wake County is a proper venue for the juvenile proceeding initiated on 13 February 2019.”
In Re RTW, 614 S.E.2d 489 (N.C. 2005).
· cites it 3× “Even absent such a request, DSS may file a juvenile petition in district court alleging abuse, neglect, or dependency within the meaning of N.”
In the Matter of Sw, 654 S.E.2d 831 (N.C. Ct. App. 2008).
· cites it 11× “When a proceeding is commenced in a district other than that of the juvenile's residence, the court, on its own motion or upon motion of any party, may transfer the proceeding to the court in the district where the juvenile resides.”
In Re EC, 621 S.E.2d 647 (N.C. Ct. App. 2005).
· cites it 2× “" N.C. Gen. Stat. § 7B-400 (2003). A neglected juvenile is defined as follows: A juvenile who does not receive proper care, supervision, or discipline from the juvenile's parent, guardian, custodian, or caretaker; or who has been abandoned; or who is not provided necessary…”
In Re MB, 635 S.E.2d 8 (N.C. Ct. App. 2006).
· cites it 2× “" N.C. Gen.Stat. § 7B-400 (2005). This Court has held that "[t]he jurisdictional requirements of the [Uniform Child Custody Jurisdiction and Enforcement Act] must be satisfied for a court to have authority to adjudicate .”
N.C. Gen. Stat. § 7B-400(a): 4 cases
In re A.P., 812 S.E.2d 840 (N.C. 2018).
“§ 7B-400(a) (2017) (providing that "[a] proceeding in which a juvenile is alleged to be abused, neglected, or dependent may be commenced in the district in which the juvenile resides or is present").”
In re: A.P., 800 S.E.2d 77 (N.C. Ct. App. 2017).
“§ 7B-400(a) provides [a] proceeding in which a juvenile is alleged to be abused, neglected, or dependent may be commenced in the district *42 in which the juvenile resides or is present.”
In re M.R.J., 862 S.E.2d 639 (N.C. 2021).
“¶ 30 Moreover, contrary to respondent-mother’s characterization, the record demonstrates that Wake County is a proper venue for the juvenile proceeding initiated on 13 February 2019.”
In re M.R.J., 862 S.E.2d 639 (N.C. 2021).
“¶ 30 Moreover, contrary to respondent-mother’s characterization, the record demonstrates that Wake County is a proper venue for the juvenile proceeding initiated on 13 February 2019.”
N.C. Gen. Stat. § 7B-400(b): 1 case
In re A.P., 812 S.E.2d 840 (N.C. 2018).
“§ 7B-400(a) (2017) (providing that "[a] proceeding in which a juvenile is alleged to be abused, neglected, or dependent may be commenced in the district in which the juvenile resides or is present").”
N.C. Gen. Stat. § 7B-400(c): 1 case
In re A.P., 812 S.E.2d 840 (N.C. 2018).
“§ 7B-400(a) (2017) (providing that "[a] proceeding in which a juvenile is alleged to be abused, neglected, or dependent may be commenced in the district in which the juvenile resides or is present").”
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