N.C. Gen. Stat. » Chapter 7B

N.C. Gen. Stat. § 7B-402

Petition

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(a) The petition shall contain the name, date of birth, address of the juvenile, the name and last known address of each party as determined by G.S. 7B-401.1, and allegations of facts sufficient to invoke jurisdiction over the juvenile. The petition may contain information on more than one juvenile when the juveniles are from the same home and are before the court for the same reason.

(b) The petition, or an affidavit attached to the petition, shall contain the information required by G.S. 50A-209.

(c) Sufficient copies of the petition shall be prepared so that copies will be available for each party named in the petition, except the juvenile, and for the juvenile's guardian ad litem, the social worker, and any person determined by the court to be a necessary party.

(d) If the petition is filed in a county other than the county of the juvenile's residence, the petitioner shall provide a copy of the petition and any notices of hearing to the director of the department of social services in the county of the juvenile's residence. (1979, c. 815, s. 1; 1981, c. 469, s. 9; 1998-202, s. 6; 1999-456, s. 60; 2004-128, s. 11; 2005-320, s. 3; 2009-311, s. 3; 2010-90, s. 9; 2013-129, s. 10.)

 

Notes of Decisions
Cited in 27 cases (3 in the last 5 years), 2006–2025 · leading case: In re T.R.P.
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In re T.R.P. (2006) nc · cites it 13× “In contrast, a review of the Juvenile Code reveals that, unlike the routine clerical information that must be included in a petition pursuant to N.C.G.S. § 7B-402, verification of the petition in an abuse, neglect, or dependency action as required by N.”
In re A.R.G. (2007) nc · cites it 19× “However, DSS failed to provide the juvenile’s address in its initial petition in compliance with N.C.G.S. § 7B-402, and also failed to submit an affidavit complying with N.”
In re: J.H. (2015) ncctapp · cites it 4× “]" See N.C. Gen.Stat. §§ 7B-402(b), 50A-209(a) (2013).”
In Re TRP (2006) nc · cites it 13× “In contrast, a review of the Juvenile Code reveals that, unlike the routine clerical information that must be included in a petition pursuant to *791 N.C.G.S. § 7B-402, verification of the petition in an abuse, neglect, or dependency action as required by N.”
In re A.P. (2018) nc “§ 7B-402(d) (2017) ("If the petition is filed in a county other than the county of the juvenile's residence, the petitioner shall provide a copy of the petition and any notices of hearing to the director of the department of social services in the county of the juvenile's…”
In re H.S.F. (2006) ncctapp · cites it 2× “On 28 January 2004, the Cleveland County Department of Social Services ("DSS") filed a petition pursuant to N.C. Gen.Stat. § 7B-402 (2005). The petition alleged that the child was a neglected juvenile under N.”
In re: T.P., T.P. (2017) ncctapp · cites it 2× “To the contrary, a petition in the form required by N.C. Gen. Stat. § 7B-402 ensures that the due process rights of a parent are protected by requiring a petitioner to make specific allegations of abuse, neglect or dependency and set out the relief it is seeking from the court…”
In re: A.P. (2017) ncctapp · cites it 10× “N.C. Gen. Stat. § 7B-402(d) On appeal, the GAL argues the plain language of N.”
In re D.D.F. (2007) ncctapp · cites it 2× “In addition, as required by N.C. Gen. Stat. § 7B-402(b), an "Affidavit as to of Status of Minor Child" ("affidavit") was also verified by Geier and was attached to the petition.”
In Re ARG (2007) nc · cites it 19× “However, DSS failed to provide the juvenile's address in its initial petition in compliance with N.C.G.S. § 7B-402, and also failed to submit an affidavit complying with N.”
In re: E.B. (2019) ncctapp · cites it 4× “2d 1, 7 (2017) (“[A] petition in the form required by N.C. Gen. Stat. § 7B-402 ensures that the due process rights of a parent are protected by requiring a petitioner to make specific allegations of abuse, neglect or dependency and set out the relief it is seeking from the court…”
In re E.B. (2020) nc · cites it 4× “” DSS never filed a petition seeking to have the trial court adjudicate Ella an abused, neglected, or dependent juvenile pursuant to N.C.G.S. §§ 7B-402(a) and - 403(a). Thus, the trial court lacked subject-matter jurisdiction to conduct permanency planning and review hearings,…”
Show all 27 citing cases →
— N.C. Gen. Stat. § 7B-402(a) — 12 cases
In re T.R.P. (2006) nc “In contrast, a review of the Juvenile Code reveals that, unlike the routine clerical information that must be included in a petition pursuant to N.C.G.S. § 7B-402, verification of the petition in an abuse, neglect, or dependency action as required by N.”
In Re TRP (2006) nc “In contrast, a review of the Juvenile Code reveals that, unlike the routine clerical information that must be included in a petition pursuant to *791 N.C.G.S. § 7B-402, verification of the petition in an abuse, neglect, or dependency action as required by N.”
In re E.B. (2020) nc “” DSS never filed a petition seeking to have the trial court adjudicate Ella an abused, neglected, or dependent juvenile pursuant to N.C.G.S. §§ 7B-402(a) and - 403(a). Thus, the trial court lacked subject-matter jurisdiction to conduct permanency planning and review hearings,…”
In re M.J. (2017) ncctapp
In re E.B. (2020) nc
— N.C. Gen. Stat. § 7B-402(a)(2007) — 1 case
In the Matter of Jjr (2009) ncctapp
— N.C. Gen. Stat. § 7B-402(b) — 6 cases
In re: J.H. (2015) ncctapp “]" See N.C. Gen.Stat. §§ 7B-402(b), 50A-209(a) (2013).”
In re A.R.G. (2007) nc “However, DSS failed to provide the juvenile’s address in its initial petition in compliance with N.C.G.S. § 7B-402, and also failed to submit an affidavit complying with N.”
In re D.D.F. (2007) ncctapp “In addition, as required by N.C. Gen. Stat. § 7B-402(b), an "Affidavit as to of Status of Minor Child" ("affidavit") was also verified by Geier and was attached to the petition.”
In Re ARG (2007) nc “However, DSS failed to provide the juvenile's address in its initial petition in compliance with N.C.G.S. § 7B-402, and also failed to submit an affidavit complying with N.”
In Re DDF (2007) ncctapp
— N.C. Gen. Stat. § 7B-402(d) — 2 cases
In re A.P. (2018) nc “§ 7B-402(d) (2017) ("If the petition is filed in a county other than the county of the juvenile's residence, the petitioner shall provide a copy of the petition and any notices of hearing to the director of the department of social services in the county of the juvenile's…”
In re: A.P. (2017) ncctapp “N.C. Gen. Stat. § 7B-402(d) On appeal, the GAL argues the plain language of N.”
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