GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

SESSION LAW 2014-16

HOUSE BILL 1103

AN ACT to require the court to consider whether a juvenile petition has been properly verified and jurisdiction has been invoked at the pre‑adjudication hearing, as recommended by the lrc committee on omnibus foster care and dependency.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 7B‑800.1 reads as rewritten:

"§ 7B‑800.1.  Pre‑adjudication hearing.

(a)        Prior to the adjudicatory hearing, the court shall consider the following:

(1)        Retention or release of provisional counsel.

(2)        Identification of the parties to the proceeding.

(3)        Whether paternity has been established or efforts made to establish paternity, including the identity and location of any missing parent.

(4)        Whether relatives have been identified and notified as potential resources for placement or support.

(5)        Whether all summons, service of process, and notice requirements have been met.

(5a) Whether the petition has been properly verified and invokes jurisdiction.

(6)        Any pretrial motions, including (i) appointment of a guardian ad litem in accordance with G.S. 7B‑602, (ii) discovery motions in accordance with G.S. 7B‑700, (iii) amendment of the petition in accordance with G.S. 7B‑800, or (iv) any motion for a continuance of the adjudicatory hearing in accordance with G.S. 7B‑803.

(7)        Any other issue that can be properly addressed as a preliminary matter.

(b)        The pre‑adjudication hearing may be combined with a hearing on the need for nonsecure custody or any pretrial hearing or conducted in accordance with local rules.

(c)        The parties may enter stipulations in accordance with G.S. 7B‑807 or enter a consent order in accordance with G.S. 7B‑801."

SECTION 2.  This act becomes effective October 1, 2014.

In the General Assembly read three times and ratified this the 12^th day of June, 2014.

                                                                    s/  Philip E. Berger

                                                                         President Pro Tempore of the Senate

                                                                    s/  Thom Tillis

                                                                         Speaker of the House of Representatives

                                                                    s/  Pat McCrory

                                                                         Governor

Approved 2:50 p.m. this 19^th day of June, 2014