(a) Upon placing custody with a parent or other appropriate person, the court shall determine whether or not jurisdiction in the juvenile proceeding should be terminated and custody of the juvenile awarded to a parent or other appropriate person pursuant to G.S. 50-13.1, 50-13.2, 50-13.5, and 50-13.7.
(b) When the court enters a custody order under this section, the court shall either cause the order to be filed in an existing civil action relating to the custody of the juvenile or, if there is no other civil action, instruct the clerk to treat the order as the initiation of a civil action for custody.
If the order is filed in an existing civil action and the person to whom the court is awarding custody is not a party to that action, the court shall order that the person be joined as a party and that the caption of the case be changed accordingly. The order shall resolve any pending claim for custody and shall constitute a modification of any custody order previously entered in the action.
If the court's order initiates a civil action, the court shall designate the parties to the action and determine the most appropriate caption for the case. The civil filing fee is waived unless the court orders one or more of the parties to pay the filing fee for a civil action into the office of the clerk of superior court. The order shall constitute a custody determination, and any motion to enforce or modify the custody order shall be filed in the newly created civil action in accordance with the provisions of Chapter 50 of the General Statutes. The Administrative Office of the Courts may adopt rules and shall develop and make available appropriate forms for establishing a civil file to implement this section.
(c) When entering an order under this section, the court shall satisfy the following:
(1) Make findings and conclusions that support the entry of a custody order in an action under Chapter 50 of the General Statutes or, if the juvenile is already the subject of a custody order entered pursuant to Chapter 50, makes findings and conclusions that support modification of that order pursuant to G.S. 50-13.7.
(2) Make the following findings:
a. There is not a need for continued State intervention on behalf of the juvenile through a juvenile court proceeding.
b. At least six months have passed since the court made a determination that the juvenile's placement with the person to whom the court is awarding custody is the permanent plan for the juvenile, though this finding is not required if the court is awarding custody to a parent or to a person with whom the child was living when the juvenile petition was filed. (2005-320, s. 4; 2013-129, s. 29.)
Notes of Decisions
Cited in
61
cases (
16 in the last 5 years), 2006–2026 · leading case:
In re H.S.F., 645 S.E.2d 383 (N.C. Ct. App. 2007).
In re H.S.F., 645 S.E.2d 383 (N.C. Ct. App. 2007).
· cites it 23× “N.C. Gen.Stat. § 7B-911 Respondent argues the trial court violated N.”
In re: J.K., 799 S.E.2d 439 (N.C. Ct. App. 2017).
· cites it 26× “In certain cases which have originated as abuse, neglect, or dependency proceedings under Chapter 7B of the General Statutes, a time may come when involvement by the Department of Social Services is no longer needed and the case becomes a custody dispute between private parties…”
Sherrick v. Sherrick, 704 S.E.2d 314 (N.C. Ct. App. 2011).
· cites it 38× “However, there is a clear dividing line between the exercise of the juvenile court’s jurisdiction and the civil court’s jurisdiction, and that line is drawn by N.C. Gen. Stat. § 7B-911. N.C. Gen. Stat.”
In re T.H.T., 648 S.E.2d 519 (N.C. Ct. App. 2007).
· cites it 12× “The trial court also ordered that, pursuant to N.C. Gen.Stat. § 7B-911, its 3 November 2006 order would resolve any pending claim for custody, and upon entry of a civil order in the parties' existing civil action, the jurisdiction of the trial court would be terminated.”
In re A.S., 641 S.E.2d 400 (N.C. Ct. App. 2007).
· cites it 19× “Respondent-Mother argues the trial court erred by failing to comply with N.C. Gen. Stat. § 7B-911 when it terminated the juvenile court's jurisdiction and ordered the juvenile order to be included in the civil case file.”
In Re: Y.I. & J.I., 822 S.E.2d 501 (N.C. Ct. App. 2018).
· cites it 8× “N.C. Gen. Stat. § 7B-911(a) provides that, "[u]pon placing custody with a parent or other appropriate person, the court shall determine whether or not jurisdiction in the juvenile proceeding should be terminated and custody of the juvenile awarded to a parent or other…”
In Re Jb, 677 S.E.2d 532 (N.C. Ct. App. 2009).
· cites it 30× “In addition, respondent contends that the trial court erred because its order lacks numerous findings of fact mandated by N.C. Gen.Stat. § 7B-911 (2007). We agree.”
In re J.B., 197 N.C. App. 497 (N.C. Ct. App. 2009).
· cites it 30× “In addition, respondent contends that the trial court erred because its order lacks numerous findings of fact mandated by N.C. Gen. Stat. § 7B-911 (2007). We agree.”
In Re: B.s., D.S., 792 S.E.2d 861 (N.C. Ct. App. 2016).
· cites it 8× “Respondent-mother did not appeal the civil custody order or the order transferring jurisdiction pursuant to N.C. Gen. Stat. § 7B-911. II. Standard of Review Our review of a permanency planning order entered pursuant to N.”
In Re Jmd, 708 S.E.2d 167 (N.C. Ct. App. 2011).
· cites it 6× “The trial court also did not follow the requirements of N.C. Gen.Stat. § 7B-911 (2009) for transferring a custody matter from juvenile court to civil court.”
In re J.M.D., 210 N.C. App. 420 (N.C. Ct. App. 2011).
· cites it 6× “The trial court also did not follow the requirements of N.C. Gen. Stat. § 7B-911 (2009) for transferring a custody matter from juvenile court to civil court.”
In Re: K.L. & R.E., 802 S.E.2d 588 (N.C. Ct. App. 2017).
· cites it 2× “had not entered a civil custody order pursuant to N.C. Gen. Stat. § 7B-911, but expressly retained juvenile court jurisdiction pursuant to N.”
— N.C. Gen. Stat. § 7B-911(a) — 11 cases
In Re: Y.I. & J.I., 822 S.E.2d 501 (N.C. Ct. App. 2018).
“N.C. Gen. Stat. § 7B-911(a) provides that, "[u]pon placing custody with a parent or other appropriate person, the court shall determine whether or not jurisdiction in the juvenile proceeding should be terminated and custody of the juvenile awarded to a parent or other…”
In Re Jb, 677 S.E.2d 532 (N.C. Ct. App. 2009).
“In addition, respondent contends that the trial court erred because its order lacks numerous findings of fact mandated by N.C. Gen.Stat. § 7B-911 (2007). We agree.”
— N.C. Gen. Stat. § 7B-911(a)(2023) — 1 case
— N.C. Gen. Stat. § 7B-911(b) — 11 cases
In Re: Y.I. & J.I., 822 S.E.2d 501 (N.C. Ct. App. 2018).
“N.C. Gen. Stat. § 7B-911(a) provides that, "[u]pon placing custody with a parent or other appropriate person, the court shall determine whether or not jurisdiction in the juvenile proceeding should be terminated and custody of the juvenile awarded to a parent or other…”
In re: J.K., 799 S.E.2d 439 (N.C. Ct. App. 2017).
“In certain cases which have originated as abuse, neglect, or dependency proceedings under Chapter 7B of the General Statutes, a time may come when involvement by the Department of Social Services is no longer needed and the case becomes a custody dispute between private parties…”
Sherrick v. Sherrick, 704 S.E.2d 314 (N.C. Ct. App. 2011).
“However, there is a clear dividing line between the exercise of the juvenile court’s jurisdiction and the civil court’s jurisdiction, and that line is drawn by N.C. Gen. Stat. § 7B-911. N.C. Gen. Stat.”
In Re Jb, 677 S.E.2d 532 (N.C. Ct. App. 2009).
“In addition, respondent contends that the trial court erred because its order lacks numerous findings of fact mandated by N.C. Gen.Stat. § 7B-911 (2007). We agree.”
In re J.B., 197 N.C. App. 497 (N.C. Ct. App. 2009).
“In addition, respondent contends that the trial court erred because its order lacks numerous findings of fact mandated by N.C. Gen. Stat. § 7B-911 (2007). We agree.”
— N.C. Gen. Stat. § 7B-911(c) — 14 cases
In re H.S.F., 645 S.E.2d 383 (N.C. Ct. App. 2007).
“N.C. Gen.Stat. § 7B-911 Respondent argues the trial court violated N.”
In re T.H.T., 648 S.E.2d 519 (N.C. Ct. App. 2007).
“The trial court also ordered that, pursuant to N.C. Gen.Stat. § 7B-911, its 3 November 2006 order would resolve any pending claim for custody, and upon entry of a civil order in the parties' existing civil action, the jurisdiction of the trial court would be terminated.”
Sherrick v. Sherrick, 704 S.E.2d 314 (N.C. Ct. App. 2011).
“However, there is a clear dividing line between the exercise of the juvenile court’s jurisdiction and the civil court’s jurisdiction, and that line is drawn by N.C. Gen. Stat. § 7B-911. N.C. Gen. Stat.”
In re A.S., 641 S.E.2d 400 (N.C. Ct. App. 2007).
“Respondent-Mother argues the trial court erred by failing to comply with N.C. Gen. Stat. § 7B-911 when it terminated the juvenile court's jurisdiction and ordered the juvenile order to be included in the civil case file.”
In Re Jb, 677 S.E.2d 532 (N.C. Ct. App. 2009).
“In addition, respondent contends that the trial court erred because its order lacks numerous findings of fact mandated by N.C. Gen.Stat. § 7B-911 (2007). We agree.”
— N.C. Gen. Stat. § 7B-911(c)(1) — 11 cases
In re A.S., 641 S.E.2d 400 (N.C. Ct. App. 2007).
“Respondent-Mother argues the trial court erred by failing to comply with N.C. Gen. Stat. § 7B-911 when it terminated the juvenile court's jurisdiction and ordered the juvenile order to be included in the civil case file.”
In re H.S.F., 645 S.E.2d 383 (N.C. Ct. App. 2007).
“N.C. Gen.Stat. § 7B-911 Respondent argues the trial court violated N.”
In Re As, 641 S.E.2d 400 (N.C. Ct. App. 2007).
— N.C. Gen. Stat. § 7B-911(c)(2) — 11 cases
Sherrick v. Sherrick, 704 S.E.2d 314 (N.C. Ct. App. 2011).
“However, there is a clear dividing line between the exercise of the juvenile court’s jurisdiction and the civil court’s jurisdiction, and that line is drawn by N.C. Gen. Stat. § 7B-911. N.C. Gen. Stat.”
In re H.S.F., 645 S.E.2d 383 (N.C. Ct. App. 2007).
“N.C. Gen.Stat. § 7B-911 Respondent argues the trial court violated N.”
In Re Jb, 677 S.E.2d 532 (N.C. Ct. App. 2009).
“In addition, respondent contends that the trial court erred because its order lacks numerous findings of fact mandated by N.C. Gen.Stat. § 7B-911 (2007). We agree.”
— N.C. Gen. Stat. § 7B-911(c)(2)(a) — 10 cases
In re A.S., 641 S.E.2d 400 (N.C. Ct. App. 2007).
“Respondent-Mother argues the trial court erred by failing to comply with N.C. Gen. Stat. § 7B-911 when it terminated the juvenile court's jurisdiction and ordered the juvenile order to be included in the civil case file.”
In Re Jb, 677 S.E.2d 532 (N.C. Ct. App. 2009).
“In addition, respondent contends that the trial court erred because its order lacks numerous findings of fact mandated by N.C. Gen.Stat. § 7B-911 (2007). We agree.”
In re J.B., 197 N.C. App. 497 (N.C. Ct. App. 2009).
“In addition, respondent contends that the trial court erred because its order lacks numerous findings of fact mandated by N.C. Gen. Stat. § 7B-911 (2007). We agree.”
In Re As, 641 S.E.2d 400 (N.C. Ct. App. 2007).
— N.C. Gen. Stat. § 7B-911(c)(2)(b) — 2 cases
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