(a) When in a petition a juvenile is alleged to be abused or neglected, the court shall appoint a guardian ad litem to represent the juvenile. When a juvenile is alleged to be dependent, the court may appoint a guardian ad litem to represent the juvenile. The juvenile is a party in all actions under this Subchapter. The guardian ad litem and attorney advocate have standing to represent the juvenile in all actions under this Subchapter where they have been appointed. The appointment shall be made pursuant to the program established by Article 12 of this Chapter unless representation is otherwise provided pursuant to G.S. 7B-1202 or G.S. 7B-1203. The appointment shall terminate when the permanent plan has been achieved for the juvenile and approved by the court. The court may reappoint the guardian ad litem pursuant to a showing of good cause upon motion of any party, including the guardian ad litem, or of the court. In every case where a nonattorney is appointed as a guardian ad litem, an attorney shall be appointed in the case in order to assure protection of the juvenile's legal rights throughout the proceeding. The duties of the guardian ad litem program shall be to make an investigation to determine the facts, the needs of the juvenile, and the available resources within the family and community to meet those needs; to facilitate, when appropriate, the settlement of disputed issues; to offer evidence and examine witnesses at adjudication; to explore options with the court at the dispositional hearing; to conduct follow-up investigations to insure that the orders of the court are being properly executed; to report to the court when the needs of the juvenile are not being met; and to protect and promote the best interests of the juvenile until formally relieved of the responsibility by the court.
(b) The court may authorize the guardian ad litem to accompany the juvenile to court in any criminal action wherein the juvenile may be called on to testify in a matter relating to abuse.
(c) The guardian ad litem has the authority to obtain any information or reports, whether or not confidential, that may in the guardian ad litem's opinion be relevant to the case. No privilege other than the attorney-client privilege may be invoked to prevent the guardian ad litem and the court from obtaining such information. The confidentiality of the information or reports shall be respected by the guardian ad litem, and no disclosure of any information or reports shall be made to anyone except by order of the court or unless otherwise provided by law. (1979, c. 815, s. 1; 1981, c. 528; 1983, c. 761, s. 159; 1987 (Reg. Sess., 1988), c. 1090, s. 5; 1993, c. 537, s. 1; 1995, c. 324, s. 21.13; 1998-202, s. 6; 1999-432, s. 1; 1999-456, s. 60.)
Notes of Decisions
Cited in
60
cases (
13 in the last 5 years), 2005–2026 · leading case:
In re A.D.L., 612 S.E.2d 639 (N.C. Ct. App. 2005).
In re A.D.L., 612 S.E.2d 639 (N.C. Ct. App. 2005).
· cites it 12× “N.C. Gen.Stat. § 7B-601(a) states in part, "[w]hen in a petition a juvenile is alleged to be abused or neglected, the court shall appoint a guardian ad litem to represent the juvenile.”
In re R.A.H., 614 S.E.2d 382 (N.C. Ct. App. 2005).
· cites it 16× “In the instant case, no guardian ad litem was appointed pursuant to N.C. Gen.Stat. § 7B-601, even though the 1 September 2000 petition alleged neglect, and respondent's parental rights were terminated based in part on a finding of neglect.”
In re J.E., 644 S.E.2d 28 (N.C. Ct. App. 2007).
· cites it 29× “Appointment of a Guardian Ad Litem In her first three assignments of error, respondent argues the trial court violated N.C. Gen.Stat. § 7B-601 and § 7B-1108. Respondent asserts a GAL should have been appointed from the first petition alleging neglect "investigating and…”
In re: P.T.W., 794 S.E.2d 843 (N.C. Ct. App. 2016).
· cites it 11× “§ 7B-601 "shall also represent the juvenile in all [termination] proceedings ... unless the court determines that the best interests of the juvenile require otherwise.”
In re J.H.K., 711 S.E.2d 118 (N.C. 2011).
· cites it 48× “For the reasons stated herein, we reverse the decision of the Court of Appeals holding that N.C.G.S. §§ 7B-601 and 7B-1108 mandate the physical presence of the GAL volunteer during a TPR hearing.”
In re: D.M.O., 794 S.E.2d 858 (N.C. Ct. App. 2016).
· cites it 4× “" See N.C. Gen. Stat. § 7B-601(a) (2015). A. Standard of Review " 'This Court reviews a trial court's conclusion that grounds exist to terminate parental rights to determine whether clear, cogent, and convincing evidence exists to support the court's findings of fact, and…”
In re A.S., 661 S.E.2d 313 (N.C. Ct. App. 2008).
· cites it 7× “When, as here, a juvenile is alleged to be neglected, N.C.Gen.Stat. § 7B-601(a) (2007) provides that "the court shall appoint a guardian ad litem to represent the juvenile.”
Peters v. Pennington, 707 S.E.2d 724 (N.C. Ct. App. 2011).
· cites it 2× “Peter’s visitation to supervised visitation to be administered by the children’s paternal grandparents, ordered the Mecklenburg County Department of Social Services (DSS) to conduct a child medical evaluation, ordered joint access to school and medical records, specified…”
In re E.H., 742 S.E.2d 844 (N.C. Ct. App. 2013).
· cites it 6× “” Under N.C. Gen. Stat. § 7B-601, the duties of the GAL-in abuse, neglect, and dependency proceedings are premised on the existence of a juvenile petition.”
In re J.S.L., 628 S.E.2d 387 (N.C. Ct. App. 2006).
· cites it 2× “Respondent mother relies upon N.C. Gen.Stat. § 7B-601 and argues a guardian ad litem was statutorily required to have been appointed to her during the adjudication proceedings.”
In re J.H.K., 695 S.E.2d 162 (N.C. Ct. App. 2010).
· cites it 34× “2d 382 (2005), Mike argues that N.C. Gen. Stat. §§ 7B-601, -1108 (2007) mandate a GAL’s attendance at a termination of parental rights hearing, and that in this case the trial court erred by conducting the hearing without the minor children’s GAL being present.”
In re S.D.J., 665 S.E.2d 818 (N.C. Ct. App. 2008).
· cites it 2× “]" N.C. Gen.Stat. § 7B-601(a) (2007). In furtherance of this responsibility, it is within the purview of a guardian ad litem to stand in for the juvenile and accept service of a petition on a juvenile's behalf.”
— N.C. Gen. Stat. § 7B-601(a) — 45 cases
In re A.D.L., 612 S.E.2d 639 (N.C. Ct. App. 2005).
“N.C. Gen.Stat. § 7B-601(a) states in part, "[w]hen in a petition a juvenile is alleged to be abused or neglected, the court shall appoint a guardian ad litem to represent the juvenile.”
In re J.E., 644 S.E.2d 28 (N.C. Ct. App. 2007).
“Appointment of a Guardian Ad Litem In her first three assignments of error, respondent argues the trial court violated N.C. Gen.Stat. § 7B-601 and § 7B-1108. Respondent asserts a GAL should have been appointed from the first petition alleging neglect "investigating and…”
In re: D.M.O., 794 S.E.2d 858 (N.C. Ct. App. 2016).
“" See N.C. Gen. Stat. § 7B-601(a) (2015). A. Standard of Review " 'This Court reviews a trial court's conclusion that grounds exist to terminate parental rights to determine whether clear, cogent, and convincing evidence exists to support the court's findings of fact, and…”
In re A.S., 661 S.E.2d 313 (N.C. Ct. App. 2008).
“When, as here, a juvenile is alleged to be neglected, N.C.Gen.Stat. § 7B-601(a) (2007) provides that "the court shall appoint a guardian ad litem to represent the juvenile.”
In re: P.T.W., 794 S.E.2d 843 (N.C. Ct. App. 2016).
“§ 7B-601 "shall also represent the juvenile in all [termination] proceedings ... unless the court determines that the best interests of the juvenile require otherwise.”
— N.C. Gen. Stat. § 7B-601(a)(2003) — 2 cases
In re A.D.L., 612 S.E.2d 639 (N.C. Ct. App. 2005).
“N.C. Gen.Stat. § 7B-601(a) states in part, "[w]hen in a petition a juvenile is alleged to be abused or neglected, the court shall appoint a guardian ad litem to represent the juvenile.”
In Re Adl, 612 S.E.2d 639 (N.C. Ct. App. 2005).
— N.C. Gen. Stat. § 7B-601(b)(1) — 2 cases
In re J.E., 644 S.E.2d 28 (N.C. Ct. App. 2007).
“Appointment of a Guardian Ad Litem In her first three assignments of error, respondent argues the trial court violated N.C. Gen.Stat. § 7B-601 and § 7B-1108. Respondent asserts a GAL should have been appointed from the first petition alleging neglect "investigating and…”
In Re Je, 644 S.E.2d 28 (N.C. Ct. App. 2007).
— N.C. Gen. Stat. § 7B-601(c) — 2 cases
Peters v. Pennington, 707 S.E.2d 724 (N.C. Ct. App. 2011).
“Peter’s visitation to supervised visitation to be administered by the children’s paternal grandparents, ordered the Mecklenburg County Department of Social Services (DSS) to conduct a child medical evaluation, ordered joint access to school and medical records, specified…”
In Re Abk, 659 S.E.2d 491 (N.C. Ct. App. 2008).
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