NC General Statutes

N.C. Gen. Stat. § 7B-800 (2026)

Amendment of petition

✓ current as of July 2026
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The court, in its discretion, may permit a petition to be amended. The court shall direct the manner in which an amended petition shall be served and the time allowed for a party to prepare after the petition has been amended. (1979, c. 815, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2010-90, s. 11.)

 

Notes of Decisions
Cited in 18 cases (2 in the last 5 years), 2006–2022 · leading case: In re D.C., 644 S.E.2d 640 (N.C. Ct. App. 2007).
In re D.C., 644 S.E.2d 640 (N.C. Ct. App. 2007). · cites it 10× “" N.C. Gen.Stat. § 7B-800 (2005). To date, section 7B-800 has not been interpreted by the appellate courts; however, former section 7A-627, which similarly provided "[t]he judge may permit a petition to be amended when the amendment does not change the nature of the offense or…”
In re M.G., 681 S.E.2d 290 (N.C. 2009). · cites it 15× “] than alleged in the original petition, they violated N.C. Gen. Stat. § 7B-800 . . . .” Id. We disagree.”
In re T.R.P., 636 S.E.2d 787 (N.C. 2006). · cites it 4× “N.C.G.S. § 7B-800 provides: “The court may permit a petition to be amended *604 when the amendment does not change the nature of the conditions upon which the petition is based.”
In re M.G., 653 S.E.2d 581 (N.C. Ct. App. 2007). · cites it 6× “N.C. Gen.Stat. § 7B-800 (2005) specifies that "[t]he court may permit a petition to be amended when the amendment does not change the nature of the conditions upon which the petition is based.”
In re B.L.H., 660 S.E.2d 255 (N.C. Ct. App. 2008). · cites it 2× “The only right of amendment permitted in Chapter 7B proceedings is for the amendment of a petition in juvenile, abuse, neglect or dependency proceedings, and this right is limited to "when the amendment does not change the nature of the conditions upon which the petition is…”
In re D.D.F., 654 S.E.2d 1 (N.C. Ct. App. 2007). · cites it 4× “The juvenile code would not prevent this type of minor amendment to a petition, as N.C. Gen. Stat. § 7B-800 provides that "[t]he court may permit a petition to be amended when the amendment does not change the nature of the conditions upon which the petition is based.”
In Re Trp, 636 S.E.2d 787 (N.C. 2006). · cites it 4× “N.C.G.S. § 7B-800 provides: "The court may permit a petition to be amended when the amendment does not change the nature of the conditions upon which the petition is based.”
In re: R.L.G., 816 S.E.2d 914 (N.C. Ct. App. 2018). “7B-700, (iii) amendment of the petition in accordance with *921 G.S. 7B-800, or (iv) any motion for a continuance of the adjudicatory hearing in accordance with G.”
In Re Mg, 681 S.E.2d 290 (N.C. 2009). · cites it 15× “] than alleged in the original petition, they violated N.C. Gen.Stat. § 7B-800...." Id. We disagree.”
In re G.B.R., 725 S.E.2d 387 (N.C. Ct. App. 2012). · cites it 2× “” N.C. Gen. Stat. § 7B-800 (2007). Id. This Court went on to hold that [accordingly, we will not superimpose a right to amend a petition or motion for termination of parental rights to conform with the evidence presented at the adjudication hearing and the trial court erred by…”
In Re Dc, 644 S.E.2d 640 (N.C. Ct. App. 2007). · cites it 10× “" N.C. Gen.Stat. § 7B-800 (2005). To date, section 7B-800 has not been interpreted by the appellate courts; however, former section 7A-627, which similarly provided "[t]he judge may permit a petition to be amended when the amendment does not change the nature of the offense or…”
In Re Mg, 653 S.E.2d 581 (N.C. Ct. App. 2007). · cites it 6× “N.C. Gen.Stat. § 7B-800 (2005) specifies that "[t]he court may permit a petition to be amended when the amendment does not change the nature of the conditions upon which the petition is based.”
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