(a) Immediately after a petition has been filed alleging that a juvenile is abused, neglected, or dependent, the clerk shall issue a summons to each party named in the petition, except the juvenile, requiring them to appear for a hearing at the time and place stated in the summons. A copy of the petition shall be attached to each summons. Service of the summons shall be completed as provided in G.S. 7B-407, but the parent of the juvenile shall not be deemed to be under a disability even though the parent is a minor.
(b) A summons shall be on a printed form supplied by the Administrative Office of the Courts and shall include each of the following:
(1) Notice of the nature of the proceeding.
(2) Notice of any right to counsel and information about how a parent may seek the appointment of counsel prior to a hearing if provisional counsel is not identified.
(2a) Repealed by Session Laws 2013-129, s. 11, effective October 1, 2013, and applicable to actions filed or pending on or after that date.
(3) Notice that, if the court determines at the hearing that the allegations of the petition are true, the court will conduct a dispositional hearing to consider the needs of the juvenile and enter an order designed to meet those needs and the objectives of the State.
(4) Notice that the dispositional order or a subsequent order:
a. May remove the juvenile from the custody of the parent, guardian, or custodian.
b. May require that the juvenile receive medical, psychiatric, psychological, or other treatment and that the parent participate in the treatment.
c. May require the parent to undergo psychiatric, psychological, or other treatment or counseling for the purpose of remedying the behaviors or conditions that are alleged in the petition or that contributed to the removal of the juvenile from the custody of that person.
d. May order the parent to pay for treatment that is ordered for the juvenile or the parent.
e. May, upon proper notice and hearing and a finding based on the criteria set out in G.S. 7B-1111, terminate the parental rights of the respondent parent.
(c) The summons shall advise the parent that upon service, jurisdiction over that person is obtained and that failure to comply with any order of the court pursuant to G.S. 7B-904 may cause the court to issue a show cause order for contempt.
(d) A summons shall be directed to the person summoned to appear and shall be delivered to any person authorized to serve process. (1979, c. 815, s. 1; 1987 (Reg. Sess., 1988), c. 1090, s. 2; 1995, c. 328, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2000-183, s. 1; 2001-208, s. 1; 2001-487, s. 101; 2004-128, s. 12; 2010-90, s. 10; 2013-129, s. 11.)
Notes of Decisions
Cited in
23
cases, 2002–2018 · leading case:
In re K.J.L., 677 S.E.2d 835 (N.C. 2009).
In re K.J.L., 677 S.E.2d 835 (N.C. 2009).
· cites it 9× “The Office of the Clerk of Superior Court for Davidson County issued a summons in the matter pursuant to N.C.G.S. § 7B-406(a), which provides in pertinent part: “Immediately after a petition has been filed alleging that a juvenile is abused, neglected, or dependent, the clerk…”
In Re Poole, 568 S.E.2d 200 (N.C. Ct. App. 2002).
· cites it 16× “N.C.G.S. §§ 7B-406,407 (2001) (issuance of a summons to and service on "the parent" required); see N.”
In re K.J.L., 670 S.E.2d 269 (N.C. Ct. App. 2008).
· cites it 8× “" N.C. Gen.Stat. § 7B-406(a) (2007) (emphasis added); see also N.”
In re M.G., 653 S.E.2d 581 (N.C. Ct. App. 2007).
· cites it 6× “§ 7B-406(a) (2005) provides that in neglect, abuse, and dependency proceedings, only the "parent, guardian, custodian, or caretaker" must be served with a summons attaching a copy of the petition. Accordingly, the failure to serve Kristen and Jack with the petition cannot be a…”
In re E.X.J., 662 S.E.2d 24 (N.C. Ct. App. 2008).
· cites it 4× “§ 7B-101 (2005) ("The singular includes the plural, the masculine singular includes the feminine singular and masculine and feminine plural unless otherwise specified.”
In re A.S., 661 S.E.2d 313 (N.C. Ct. App. 2008).
· cites it 2× “The record indicates that the petition was in fact filed with the clerk's office on 18 June 2007 as suggested by the magistrate's notation. The summons issued the same day to respondent is signed by a deputy clerk stating *317 that a petition had been filed and a nonsecure…”
In re E.C., 621 S.E.2d 647 (N.C. Ct. App. 2005).
“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 A.J.M., 630 S.E.2d 33 (N.C. Ct. App. 2006).
· cites it 2× “North Carolina General Statutes § 7B-406(a) (2005) states "[i]mmediately after a petition has been filed alleging that a juvenile is abused, neglected, or dependent, the clerk shall issue a summons to the parent .”
In re A.G.M., 773 S.E.2d 123 (N.C. Ct. App. 2015).
· cites it 2× “We note that neither the trial court nor DSS had the authority in this neglect and dependency proceeding to require Respondent to sign any service agreement or submit to any testing, evaluation, or therapy in relation to any custody determinations concerning the children prior…”
In the Matter of K.J.L., 665 S.E.2d 504 (N.C. Ct. App. 2008).
· cites it 4× “A juvenile action, including a proceeding in which a juvenile is alleged to be neglected, is commenced by the filing of a petition.”
In re M.N., 816 S.E.2d 925 (N.C. Ct. App. 2018).
“ha[ve] (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.”
In Re Kjl, 677 S.E.2d 835 (N.C. 2009).
· cites it 9× “The Office of the Clerk of Superior Court for Davidson County issued a summons in the matter pursuant to N.C.G.S. § 7B-406(a), which provides in pertinent part: "Immediately after a petition has been filed alleging that a juvenile is abused, neglected, or dependent, the clerk…”
— N.C. Gen. Stat. § 7B-406(a) — 17 cases
In re K.J.L., 677 S.E.2d 835 (N.C. 2009).
“The Office of the Clerk of Superior Court for Davidson County issued a summons in the matter pursuant to N.C.G.S. § 7B-406(a), which provides in pertinent part: “Immediately after a petition has been filed alleging that a juvenile is abused, neglected, or dependent, the clerk…”
In re K.J.L., 670 S.E.2d 269 (N.C. Ct. App. 2008).
“" N.C. Gen.Stat. § 7B-406(a) (2007) (emphasis added); see also N.”
In re M.G., 653 S.E.2d 581 (N.C. Ct. App. 2007).
“§ 7B-406(a) (2005) provides that in neglect, abuse, and dependency proceedings, only the "parent, guardian, custodian, or caretaker" must be served with a summons attaching a copy of the petition. Accordingly, the failure to serve Kristen and Jack with the petition cannot be a…”
In re E.X.J., 662 S.E.2d 24 (N.C. Ct. App. 2008).
“§ 7B-101 (2005) ("The singular includes the plural, the masculine singular includes the feminine singular and masculine and feminine plural unless otherwise specified.”
In Re Poole, 568 S.E.2d 200 (N.C. Ct. App. 2002).
“N.C.G.S. §§ 7B-406,407 (2001) (issuance of a summons to and service on "the parent" required); see N.”
— N.C. Gen. Stat. § 7B-406(b)(4) — 1 case
In re A.G.M., 773 S.E.2d 123 (N.C. Ct. App. 2015).
“We note that neither the trial court nor DSS had the authority in this neglect and dependency proceeding to require Respondent to sign any service agreement or submit to any testing, evaluation, or therapy in relation to any custody determinations concerning the children prior…”
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