GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2023
SESSION LAW 2024-33
SENATE BILL 303
AN ACT to make various changes and technical corrections to the laws governing the administration of justice.
The General Assembly of North Carolina enacts:
CLARIFY CLERK RETENTION OF ADOPTION PETITION
SECTION 1. G.S. 48‑9‑102(d) reads as rewritten:
"(d) All records filed in
connection with an adoption, including a copy of the petition giving the date
of the filing of the original petition, the original of each consent and
relinquishment, additional documents filed pursuant to G.S. 48‑2‑305,
any report to the court, any additional documents submitted and orders entered,
any orders of dismissal, and a copy of the final decree, shall be sent by the
clerk of superior court to the Division within 10 days after the appeal period
for a decree of adoption has expired or 10 days following the final disposition
of an appeal pursuant to G.S. 48‑2‑607(b). The original petition
and final decree or order of dismissal shall be retained by the clerk."
REMOVE RESTRICTION ON FILING BRIEFS AND MEMORANDA
SECTION 2. G.S. 1A‑1, Rule 5(d), reads as rewritten:
"(d) Filing. The following papers shall be filed with the court, either before service or within five days after service:
(1) All pleadings, as defined by Rule 7(a) of these rules, subsequent to the complaint, whether such pleadings are original or amended.
(2) Written motions and all notices of hearing.
(3) Any other application to the court for an order that may affect the rights of or in any way commands any individual, business entity, governmental agency, association, or partnership to act or to forego action of any kind.
(4) Notices of appearance.
(5) Any other paper required by rule or statute to be filed.
(6) Any other paper so ordered by the court.
(7) All orders issued by the court.
All other papers, regardless of
whether these rules require them to be served upon a party, should not be filed
with the court unless (i) the filing is agreed to by all parties, or (ii) the
papers are submitted to the court in relation to a motion or other request for
relief, or (iii) the filing is permitted by another rule or statute. Briefs
or memoranda provided to the court may not be filed with the clerk of court
unless ordered by the court. The party taking a deposition or obtaining
material through discovery is responsible for its preservation and delivery to
the court if needed or so ordered."
BUSINESS COURT EFILING CHANGES
SECTION 3.(a) Article 7 of Chapter 1 of the General Statutes is amended by adding a new section to read:
"§ 1‑81.2. Venue in complex business cases.
(a) To facilitate the effective administration in the State's statewide electronic filing system of mandatory complex business cases and those cases assigned to a business court judge, and subject to subsection (e) of this section, venue shall lie exclusively in Wake County in any action designated by the Chief Justice of the Supreme Court of North Carolina as a mandatory complex business case pursuant to G.S. 7A‑45.4 or otherwise assigned to a business court judge by the Chief Justice pursuant to the General Rules of Practice for the Superior and District Courts.
(b) When a Notice of Designation filed pursuant to G.S. 7A‑45.4(c) is filed contemporaneously with the initiation of an action, the action shall be brought in Wake County. If the Chief Justice or the Chief Business Court Judge enters an order declining to designate an action filed pursuant to this subsection as a mandatory complex business case, that order shall direct the clerk of superior court to transfer the action to the county of origin identified in the Notice of Designation.
(c) When a Notice of Designation filed pursuant to G.S. 7A‑45.4(c) is filed in an action instituted outside of Wake County, the clerk of superior court in the county of origin shall transfer the action to Wake County after the issuance of summons in accordance with G.S. 1A‑1, Rule 4. If the Chief Justice or the Chief Business Court Judge subsequently enters an order declining to designate an action filed pursuant to this subsection as a mandatory complex business case or declines to otherwise assign the matter to a business court judge pursuant to the General Rules of Practice for the Superior and District Courts, the order shall direct the clerk of superior court to transfer the action to the county of origin identified in the Notice of Designation.
(d) No later than five days after an action is transferred to or from Wake County pursuant to subsection (b) or (c) of this section, the Wake County Clerk of Superior Court shall serve the party that filed the Notice of Designation with a notice of transfer. The notice shall be on a form promulgated by the Administrative Office of the Courts. No later than five days after being served with the notice of transfer, the party that filed the Notice of Designation shall serve a copy of the notice of transfer on all parties in the action not served by the Wake County Clerk of Superior Court.
(e) Notwithstanding the provisions of this Article or any other General Statute concerning venue, trials in mandatory complex business cases and cases assigned to a business court judge pursuant to the General Rules of Practice for Superior and District Courts shall be held in the county of origin identified in the Notice of Designation. The presiding business court judge may conduct trials outside the county of origin in any superior court or business court facility with the consent of the parties, or upon the motion of a party or the judge and an order finding that the convenience of witnesses and the ends of justice would be promoted by the change. The presiding business court judge may conduct trials remotely pursuant to G.S. 7A‑49.6. The presiding business court judge may conduct pretrial proceedings outside the county of origin in any superior court or business court facility, or remotely pursuant to G.S. 7A‑49.6, in the judge's discretion."
SECTION 3.(b) G.S. 7A‑45.4 reads as rewritten:
"§ 7A‑45.4. Designation of complex business cases.
(c) A party designating an
action as a mandatory complex business case shall file a Notice of Designation
in the Superior Court in which the action has been filed, shall
contemporaneously serve the notice on each opposing party or counsel and on the
Special Superior Court Judge for Complex Business Cases who is then the Chief
Business Court Judge, and shall contemporaneously send a copy of the notice by
e‑mail to the Chief Justice of the Supreme Court for approval of the
designation of the action as a mandatory complex business case. action
pursuant to G.S. 1‑81.2. The Notice of Designation shall, in
good faith and based on information reasonably available, succinctly state the
basis of the designation and include a certificate by or on behalf of the
designating party that the civil action meets the criteria for designation as a
mandatory complex business case pursuant to subsection (a) or (b) of this
section. The Notice of Designation shall identify the county of origin,
which is the county in which the matter is pending at the time the Notice of
Designation is filed or, if filed contemporaneously with the initiation of the
case, the county in which the plaintiff asserts the trial of the matter would
be proper under Article 7 of Chapter 1 of the General Statutes.
(e) Within 30 days after service of the Notice of Designation, any other party may, in good faith, file and serve an opposition to the designation of the action as a mandatory complex business case. The opposition to the designation of the action shall assert all grounds on which the party opposing designation objects to the designation, and any grounds not asserted shall be deemed conclusively waived. Within 30 days after the entry of an order staying a pending action pursuant to subsection (g) of this section, any party opposing the stay shall file an objection with the Business Court asserting all grounds on which the party objects to the case proceeding in the Business Court, and any grounds not asserted shall be deemed conclusively waived. Based on the opposition or on its own motion, the Chief Business Court Judge shall rule by written order on the opposition or objection and determine whether the action should be designated as a mandatory complex business case. If a party disagrees with the decision, the party may appeal in accordance with G.S. 7A‑27(a).
(f) Once a designation is
filed under subsection (d) of this section, and after preliminary approval
by the Chief Justice, a case shall be designated and administered a complex
business case. All case unless and until an order has been entered
under subsection (e) of this section ordering that the case not be designated a
mandatory complex business case. Except for execution proceedings pursuant to
Articles 28 through 32 of Chapter 1 of the General Statutes, all proceedings
in the action shall be before the Business Court Judge to whom it has been assigned
unless and until an order has been entered under subsection (e) of this section
ordering that the case not be designated a mandatory complex business case or
the Chief Justice revokes approval. assigned. If complex business
case status is revoked or denied, the action shall be treated as any other
civil action, unless it is designated as an exceptional civil case or a
discretionary complex business case pursuant to Rule 2.1 of the General
Rules of Practice for the Superior and District Courts.
."
SECTION 3.(c) This section becomes effective when the North Carolina Business Court implements the electronic filing system approved by the Director of the Administrative Office of the Courts.
TECHNICAL CORRECTIONS
SECTION 4. G.S. 1A‑1, Rule 55(b), reads as rewritten:
"(b) Judgment. Judgment by default may be entered as follows:
(1) By the Clerk. When the plaintiff's claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the clerk upon request of the plaintiff and upon affidavit of the amount due shall enter judgment for that amount and costs against the defendant, if the defendant has been defaulted for failure to appear and if the defendant is not an infant or incompetent person. A verified pleading may be used in lieu of an affidavit when the pleading contains information sufficient to determine or compute the sum certain.
In all cases
wherein, pursuant to this rule, the clerk enters judgment by default upon a
claim for debt which is secured by any pledge, mortgage, deed of trust or other
contractual security in respect of which foreclosure may be had, or upon a
claim to enforce a lien for unpaid taxes or assessments under G.S. 105‑414,
assessments, the clerk may likewise make all further orders required
to consummate foreclosure in accordance with the procedure provided in Article
29A of Chapter 1 of the General Statutes, entitled "Judicial Sales."
."
SECTION 5. G.S. 7A‑102(b) reads as rewritten:
"(b) An assistant clerk
is authorized to perform all the duties and functions of the office of clerk of
superior court, and any act of an assistant clerk is entitled to the same faith
and credit as that of the clerk. A deputy clerk is authorized to certify the
existence and correctness of any record in the clerk's office, to take the
proofs and examinations of the witnesses touching the execution of a will as
required by G.S. 31‑17, G.S. 28A‑2A‑6, and
to perform any other ministerial act which the clerk may be authorized and
empowered to do, in his own name and without reciting the name of his
principal. The clerk is responsible for the acts of his assistants and
deputies. With the consent of the clerk of superior court of each county and
the consent of the presiding judge in any proceeding, an assistant or deputy
clerk is authorized to perform all the duties and functions of the office of
the clerk of superior court in another county in any proceeding in the district
or superior court that has been transferred to that county from the county in
which the assistant or deputy clerk is employed."
SECTION 6. G.S. 28A‑25‑6(a) reads as rewritten:
"(a) As an alternative to
the small estate settlement procedures of this Article, any person indebted to
a decedent may satisfy such indebtedness by paying the amount of the debt to
the clerk of the superior court of the county of the domicile of the decedent:decedent
if all of the following conditions are met:
(1) If no No administrator
has been appointed, andappointed.
(2) If the Except
as otherwise provided in G.S. 90‑210.64(d), the amount owed by
such person does not exceed five thousand dollars ($5,000), andfive
thousand dollars ($5,000).
(3) If the Except
as otherwise provided in G.S. 90‑210.64(d), the sum tendered to
the clerk would not make the aggregate sum which has come into the clerk's
hands belonging to the decedent exceed five thousand dollars ($5,000)."
SECTION 7. G.S. 28A‑26‑3(b) reads as rewritten:
"(b) If, within 90 days after the death of the nonresident, or within 60 days after issue of domiciliary letters, should that be a shorter period, no application for ancillary letters has been made by a domiciliary personal representative, any person who could apply for issue of letters had the decedent been a resident may apply for issue of ancillary letters.
If it is known that there is a duly
qualified domiciliary personal representative, the clerk of superior court
shall send notice of such application, by registered mail, application
to that personal representative and to the appointing court. Such notice
shall include a statement that, within 14 days after its mailing, the
domiciliary personal representative may apply for the issue of ancillary
letters with the preference specified in subsection (a) of this section; and
that failure of the domiciliary personal representative to do so will be deemed
a waiver, with the result that letters will be issued to another. Upon such
failure, the clerk of superior court may issue ancillary letters in accordance
with the provisions of Article 4 of this Chapter.
If the applicant and the clerk of
superior court have no knowledge of the existence of a domiciliary personal
representative, the clerk of superior court may proceed to issue ancillary
letters. Subsequently, upon it becoming known that a domiciliary personal
representative has been appointed, whether such appointment occurred before or
after the issue of ancillary letters, the clerk of superior court shall notify
the domiciliary personal representative, by registered mail, representative
of the action taken by the clerk of superior court and the state of the
ancillary administration. Such notice shall include a statement that at any
time prior to approval of the ancillary personal representative's final account
the domiciliary personal representative may appear in the proceedings for any
purpose the domiciliary personal representative may deem advisable; and that
the domiciliary personal representative may apply to be substituted as
ancillary personal representative, but that such request will not be granted
unless the clerk of superior court finds that such action will be for the best
interests of North Carolina administration of the estate."
SECTION 8. G.S. 35A‑1106 reads as rewritten:
"§ 35A‑1106. Contents of petition.
The petition shall set forth, to the extent known, all of the following:
(1) The name, age, address, and county of residence of the respondent.
(2) The name, address, and county of residence of the petitioner, and the petitioner's interest in the proceeding.
(3) A general statement of the respondent's assets and liabilities with an estimate of the value of any property, including any compensation, insurance, pension, or allowance to which the respondent is entitled.
(4) A statement of the facts tending to show that the respondent is incompetent and the reason or reasons why the adjudication of incompetence is sought.
(4a) A statement identifying what less restrictive alternatives have been considered prior to seeking adjudication and why those less restrictive alternatives are insufficient to meet the needs of the respondent.
(5) The name, address, and county of residence of the respondent's next of kin and other persons known to have an interest in the proceeding.
(6) Facts regarding the
adjudication of respondent's incompetence by a court of another state, if an
adjudication is sought on that basis pursuant to G.S. 35A‑1113(1).state
as defined by G.S. 35B‑2."
SECTION 9. G.S. 65‑93 reads as rewritten:
"§ 65‑93. Funds to be kept perpetually.
All money placed in the office of
the superior court clerk in accordance with this Part shall be held
perpetually, or until such time as the balance of the trust corpus falls below
one hundred dollars ($100.00), at which time the trust shall terminate, and the
clerk shall disburse the remaining balance as provided in G.S. 36A‑147(c).
balance. Except as otherwise provided herein, no one shall have
authority to withdraw or change the direction of the income on same."
SECTION 10. G.S. 101‑2 reads as rewritten:
"§ 101‑2. Procedure for changing name; petition; notice.
(a) A person who wishes, for
good cause shown, to change his or her name must file an application before the
clerk of the superior court of the county in which the person resides, after
giving 10 days' notice of the application by publication at the courthouse
door.in the area designated by the clerk of superior court for posting
notices in the county.
(d) An application to change
the name of a minor child may be filed by the child's parent or parents,
guardian appointed under Article 6 of Chapter 35A of the General Statutes, or
guardian ad litem appointed under Rule 17 of the Rules of Civil Procedure, and
this application may be joined in the application for a change of name filed by
the parent or parents. A change of parentage or the addition of information
relating to parentage on the birth certificate of any person is governed by
G.S. 130A‑118. An application to change the name of a minor child may
shall not be filed without the consent of both parents if both
parents are living, unless one of the following applies:
(1) A minor who has reached the age of 16 may file an application to change his or her name with the consent of the parent who has custody of the minor and has supported the minor, without the necessity of obtaining the consent of the other parent, when the clerk of court is satisfied that the other parent has abandoned the minor.
(2) A parent may file an application on behalf of the minor without the consent of the other parent if the other parent has abandoned the minor child.
(3) A parent may file an application on behalf of the minor without the consent of the other parent if the other parent has been convicted of any of the following offenses against the minor or a sibling of the minor:
a. Felonious or misdemeanor child abuse.
b. Taking indecent liberties with a minor in violation of G.S. 14‑202.1.
c. Rape or any other sex offense in violation of Article 7B of Chapter 14 of the General Statutes.
d. Incest in violation of G.S. 14‑178.
e. Assault, communicating a threat, or any other crime of violence.
For purposes of subdivisions (1) and (2) of this subsection, abandonment may be shown by filing a copy of an order of a court of competent jurisdiction adjudicating that parent's abandonment of the minor. If a court of competent jurisdiction has not declared the minor to be an abandoned child, the clerk, on 10 days' written notice by registered or certified mail, directed to the last known address of the parent alleged to have abandoned the child, may determine whether the parent has abandoned the child. If the parent denies that the parent abandoned the child, this issue of fact shall be transferred and determined as provided in G.S. 1‑301.2. If abandonment is determined, the consent of the parent is not required. Upon final determination of this issue of fact the proceeding shall be transferred back to the special proceedings docket for further action by the clerk. A parent who files an application on behalf of a minor pursuant to subdivision (3) of this subsection shall submit proof of the other parent's conviction to the clerk at the time of filing."
SECTION 11. G.S. 31‑32(b) reads as rewritten:
"(b) The caveat shall be
filed in the decedent's estate file. The clerk of superior court shall give
notice of the filing by making an entry upon the page of the will book where
the will is recorded, evidencing that the caveat has been filed and giving the
date of such filing."
CONDITIONS OF PRETRIAL RELEASE
SECTION 12.(a) G.S. 15A‑533(h) reads as rewritten:
"(h) If a defendant is arrested for a new offense allegedly committed while the defendant was on pretrial release for another pending proceeding, the judicial official who determines the conditions of pretrial release for the new offense shall be a judge. The judge shall direct a law enforcement officer, pretrial services program, or a district attorney to provide a criminal history report and risk assessment, if available, for the defendant and shall consider the criminal history when setting conditions of pretrial release. After setting conditions of pretrial release, the judge shall return the report to the providing agency or department. No judge shall unreasonably delay the determination of conditions of pretrial release for the purpose of reviewing the defendant's criminal history report. Notwithstanding the provisions of this subsection, a magistrate or the clerk of superior court may set the conditions of pretrial release at any time if the new offense is a violation of Chapter 20 of the General Statutes, other than a violation of G.S. 20‑138.1, 20‑138.2, 20‑138.2A, 20‑138.2B, 20‑138.5, or 20‑141.4.
A defendant may be retained in custody pursuant to this subsection not more than 48 hours from the time of arrest without a judge making a determination of conditions of pretrial release. If a judge has not acted pursuant to this subsection within 48 hours from the time of arrest of the defendant, the magistrate shall set conditions of pretrial release in accordance with G.S. 15A‑534."
SECTION 12.(b) This section becomes effective October 1, 2024, and applies to defendants arrested on or after that date.
SAFE BABIES COURT AUTHORIZATION
SECTION 13. Chapter 7B of the General Statutes is amended by adding a new Article to read:
"Article 5B.
"Safe Babies Court.
"§ 7B‑535. General provisions for safe babies court.
(a) Purpose. The purpose of this Article is to establish safe babies court to improve the long‑term well‑being of parents, children, and families involved with the department of social services and the juvenile court by providing them with trauma‑informed support and services and to achieve timely permanence, reduce generational trauma, and eliminate maltreatment.
(b) Referral. The Administrative Office of the Courts shall set the criteria and referral process for a juvenile court matter to enroll into a safe babies court.
(c) Limitations. Nothing contained in this Article shall confer a right or an expectation of a right of participation in safe babies court to a party involved in an abuse, neglect, or dependency proceeding. A party's participation in safe babies court is voluntary.
(d) Permanency and Hearings. Nothing contained in this Article shall alter any requirements or limit the court's authority to conduct hearings under this Subchapter.
"§ 7B‑536. Safe babies court records and information.
(a) Definitions. The following definitions apply in this Article:
(1) AOC Director. The Director of the Administrative Office of the Courts.
(2) Coordinators. Judicial branch staff assigned to facilitate safe babies court by coordinating family team meetings with participants and service providers, setting regular judicial status conferences for safe babies court, documenting information related to safe babies court and its participants, maintaining data and records to demonstrate program outcomes, administration of safe babies court, data analysis, and other related duties.
(3) De‑identified record. A record with all of the following types of information omitted, removed, or redacted:
a. The names, addresses, dates of birth, and employer name and address of any parties to the juvenile action, including any juvenile alleged to be within the jurisdiction of the court.
b. The names and addresses of service providers for any member of the family or the juvenile's placement provider.
c. The names and addresses of the juvenile placement.
d. Identifying information as defined in subdivisions (1) through (9) and (11) through (14) of G.S. 14‑113.20(b).
(4) Participant. A party to a juvenile proceeding who is participating in safe babies court.
(5) Party. As determined by G.S. 7B‑401.1.
(6) Record. All recorded information, data, and documentary material, regardless of physical form or characteristics, made or received by safe babies court coordinators that is not filed in the juvenile court record in the custody of the clerk of superior court.
(7) Safe babies court. The innovative court program implementing a community engagement and systems change initiative focused on improving how the courts, department of social services, and related child‑serving organizations work together to improve and expedite services for young families with at least one child who is no more than 3 years of age involved in juvenile actions alleging abuse, neglect, or dependency.
(b) Records Custodian. The AOC Director shall be the legal custodian of safe babies court records. Safe babies court coordinators may have access to and use of safe babies court records for purposes of performing their job duties.
(c) Not Public Record. Safe babies court records are not public records as defined by G.S. 132‑1. Safe babies court records may only be disclosed as follows:
(1) The AOC Director, in the Director's sole discretion, may authorize the disclosure and redisclosure of de‑identified safe babies court records without an order of the court.
(d) Coordinators Privilege. Safe baby coordinators shall not be competent to testify in the juvenile proceeding. Any communications, information, documents, or other materials made or received in the course of performing job duties related to safe babies court shall be privileged except that there is no privilege for communications made in furtherance of a crime or fraud, or for matters that require mandatory reporting. Nothing in this subsection shall be construed as permitting an individual to obtain immunity from prosecution for criminal conduct or as excusing an individual from the reporting requirements of Article 3 of this Chapter, Article 39 of Chapter 14 of the General Statutes, G.S. 108A‑102, or G.S. 110‑105.4.
(e) Guardian Ad Litem Information. The Office of Guardian ad Litem Services and any appointed guardian ad litem may share information at safe babies court meetings as it deems in the best interests of the juvenile."
SUPREME COURT SESSIONS
SECTION 14.(a) Notwithstanding G.S. 7A‑10(a), the Supreme Court may, by rule, hold sessions in any location across the State.
SECTION 14.(b) This section is effective when it becomes law and expires December 31, 2026.
INVOLUNTARY COMMITMENT PROCEDURES
SECTION 15. G.S. 122C‑54 reads as rewritten:
"§ 122C‑54. Exceptions; abuse reports and court proceedings.
(d) Any Except as
otherwise provided in this section, any individual seeking confidential
information contained in the court files or the court records of a proceeding
made pursuant to Article 5 of this Chapter may file a written motion in the
cause setting out why the information is needed. A district court judge may
issue an order to disclose the confidential information sought if he finds the
order is appropriate under the circumstances and if he finds that it is in the
best interest of the individual admitted or committed or of the public to have
the information disclosed.
Counsel for the respondent and counsel for the State in the commitment hearing may receive access to the court file without filing a motion or obtaining a court order. A judge presiding over a criminal case that initiated the Article 5 proceeding may have access to the file without filing a motion.
(d3) The following persons may obtain a court file number of an involuntary commitment proceeding upon request to the clerk's office:
(1) A commitment examiner and their administrative support staff for the purpose of filing subsequent documentation into a court file.
(2) A person desiring to petition pursuant to G.S. 14‑409.42 for the purpose of providing complete information in the petition.
."
SECTION 16. G.S. 122C‑261 reads as rewritten:
"§ 122C‑261. Affidavit and petition before clerk or magistrate when immediate hospitalization is not necessary; custody order.
(b) If the clerk or
magistrate finds reasonable grounds to believe that the facts alleged in the
affidavit are true and that the respondent probably has a mental illness and is
either (i) dangerous to self, as defined in G.S. 122C‑3(11)a., or
dangerous to others, as defined in G.S. 122C‑3(11)b., or (ii) in
need of treatment in order to prevent further disability or deterioration that
would predictably result in dangerousness, the clerk or magistrate shall issue
an order to a law enforcement officer or any other designated person under G.S. 122C‑251(g)
G.S. 122C‑251 to take the respondent into custody for
examination by a commitment examiner. If the clerk or magistrate finds that, in
addition to probably having a mental illness, the respondent also probably has
an intellectual disability, the clerk or magistrate shall contact the area
authority before issuing a custody order and the area authority shall designate
the facility to which the respondent is to be taken for examination by a
commitment examiner. The clerk or magistrate shall provide the petitioner and
the respondent, if present, with specific information regarding the next steps
that will occur for the respondent.
(d1) If the affiant is a
commitment examiner filing a petition and affidavit for an involuntary
commitment in a county that has implemented an electronic filing system
approved by the Director of the Administrative Office of the Courts, the same
provisions of subsection (d) of this section apply except that (i) the
commitment examiner or their designee shall file the affidavit and petition, as
well as any other supporting documentation required by law, through the
electronic filing system, and (ii) the original affidavit and original custody
order is are not required to be mailed to the clerk or
magistrate. In such counties, commitment examiners shall also file any
subsequent documentation and notifications prescribed by statute to the clerk
of superior court through the electronic filing system.
."
SECTION 17. G.S. 122C‑281(d) reads as rewritten:
"(d) If the affiant is a
commitment examiner who has examined the respondent, he or she may execute the
affidavit before any official authorized to administer oaths. The commitment
examiner is not required to appear before the clerk or magistrate for this
purpose. The commitment examiner's examination shall comply with the
requirements of the initial examination as provided in G.S. 122C‑283(c).
The affiant shall file the affidavit and examination findings with the clerk of
court in the manner described in G.S. 122C‑261(d)(1). G.S. 122C‑261(d)(1)
for affiants filing in counties that have not implemented an electronic filing
system approved by the Director of the Administrative Office of the Courts and G.S. 122C‑261(d1)
for affiants filing in counties that have implemented an electronic filing
system approved by the Director of the Administrative Office of the Courts. If
the commitment examiner recommends commitment and the clerk or magistrate finds
probable cause to believe that the respondent meets the criteria for
commitment, the clerk or magistrate shall issue an order to a law enforcement
officer to take the respondent into custody for transportation to a 24‑hour
facility, or, if the respondent is released pending hearing, as described in
G.S. 122C‑283(d)(1), order that a hearing be held as provided in
G.S. 122C‑284(a). If a physician or eligible psychologist executes
an affidavit for commitment of a respondent, a second qualified professional
shall perform the examination required by G.S. 122C‑285. Any person
or entity who or which has been designated in compliance with G.S. 122C‑251(g)
G.S. 122C‑251 shall be permitted to complete all or part
of the duties of a law enforcement officer, in accord with the
designation."
SECTION 18. G.S. 14‑409.43(a) reads as rewritten:
"(a) Excluding Saturdays, Sundays, and holidays, not later than 48 hours after receiving notice of any of the following judicial determinations or findings, the clerk of superior court in the county where the determination or finding was made shall work through the Administrative Office of the Courts to cause a record of the determination or finding to be transmitted to the National Instant Criminal Background Check System (NICS):
(1) A determination that an individual shall be involuntarily committed to a facility for inpatient mental health treatment upon a finding that the individual is mentally ill and a danger to self or others.
(2) A determination that an individual shall be involuntarily committed to a facility for outpatient mental health treatment upon a finding that the individual is mentally ill and, based on the individual's treatment history, in need of treatment in order to prevent further disability or deterioration that would predictably result in a danger to self or others.
(3) A determination that an individual shall be involuntarily committed to a facility for substance abuse treatment upon a finding that the individual is a substance abuser and a danger to self or others.
(4) A finding that an individual is not guilty by reason of insanity.
(5) A finding that an individual is mentally incompetent to proceed to criminal trial.
(6) A finding that an individual lacks the capacity to manage the individual's own affairs due to marked subnormal intelligence or mental illness, incompetency, condition, or disease.
(7) A determination to grant a petition to an individual for the removal of disabilities pursuant to G.S. 14‑409.42 or any applicable federal law.
The 48‑hour period for transmitting a record of a judicial determination or finding to the NICS under subsection (a) of this section begins upon receipt by the clerk of a copy of the judicial determination or finding. The Administrative Office of the Courts shall adopt rules to require clerks of court to transmit information to the NICS in a uniform manner.
The petitioner and commitment examiner in a proceeding under Article 5 of Chapter 122C of the General Statutes shall provide a social security number and drivers license number, if known, of the respondent for the court to enter into NICS upon a judicial determination. The court may collect the social security number and drivers license number on the petition initiating the proceeding or on documents filed by the commitment examiner. The petitioner in a proceeding under Article 1 of Chapter 35A of the General Statutes shall provide a drivers license number, if known, of the respondent for the court to enter into NICS upon a judicial determination of incompetence. The court may collect the drivers license number on the petition initiating the proceeding and may place the drivers license number on the court's order upon a judicial determination of incompetence."
LAW ENFORCEMENT QUALIFICATION FOR MAGISTRATE NOMINATION
SECTION 19. G.S. 7A‑171.2(b) reads as rewritten:
"(b) To be eligible for
nomination as a magistrate, an individual (i) shall have at least eight
years' experience as the clerk of superior court in a county of this State or
or as a law enforcement officer in this State, (ii) shall have a
four‑year degree from an accredited senior institution of higher education
education, or (iii) shall have a two‑year associate
degree and four years of work experience in a related field, including
teaching, social services, law enforcement, arbitration or mediation, the court
system, or counseling. The Administrative Officer of the Courts may determine
whether the work experience is sufficiently related to the duties of the office
of magistrate for the purposes of this subsection. In determining whether an
individual's work experience is in a related field, the Administrative Officer
of the Courts shall consider the requisite knowledge, skills, and abilities for
the office of magistrate.
The eligibility requirements prescribed by this subsection do not apply to individuals holding the office of magistrate on June 30, 1994, and do not apply to individuals who have been nominated by June 30, 1994, but who have not been appointed or taken the oath of office by that date."
CLERK BOND REQUIREMENT CONFORMING CHANGES
SECTION 20. G.S. 1‑305 reads as rewritten:
"§ 1‑305. Clerk to issue, in six weeks; penalty; limitations
on issuance.
(a) Subject to the
provisions of G.S. 1A‑1 (Rule 62) and subsection (b) below, the
clerk of superior court shall issue executions on all unsatisfied judgments
entered in the clerk's court, which are in full force and effect, upon the
request of any party or person entitled thereto and upon payment of the necessary
fees; provided, however, that the clerks of the superior court shall issue
executions on all judgments entered in their respective courts on forfeiture of
bonds in criminal cases within six weeks of the entry of the judgment, without
any request or any advance payment of fees. Every clerk who fails to comply
with the requirements of this section is liable to be amerced in the sum of one
hundred dollars ($100.00) for the benefit of the party aggrieved, under the
same rules that are provided by law for amercing sheriffs, and is further
liable to the party injured by suit upon the clerk's bond.sheriffs.
(b) The clerk may not issue an execution unless
(1) The judgment debtor's exemptions have been designated, or
(2) The judgment debtor has waived his exemptions as provided in G.S. 1C‑1601(c), or
(3) The clerk determines that the exemptions are inapplicable to the particular claim as authorized by G.S. 1C‑1603(a)(3)."
SECTION 21. G.S. 65‑95 reads as rewritten:
"§ 65‑95. Clerk's bond; substitution Substitution
of bank or trust company as trustee.
The official bond of the clerk
of the superior court shall be liable for all such sums as shall be paid over
to the clerk in accordance with the provisions of this Part. In lieu of the provisions of this section, the clerk may
appoint any bank or trust company authorized to do business in this State as
trustee for the funds authorized to be paid into his office by virtue of this
Part; provided, that no bank or trust company shall be appointed as such
trustee unless such bank or trust company is authorized and licensed to act as
fiduciary under the laws of this State.
Before any clerk shall turn over such funds to the trustee so appointed, the clerk shall require that the trustee so named qualify before the clerk as such trustee in the same way and manner and to the same extent as guardians are by law required to so qualify. After such trustee has qualified as herein provided, all such funds coming into the clerk's hands may be invested by the trustee only in the securities set out in G.S. 7A‑112 and the income therefrom invested for the purposes and in the manner heretofore set out in this Part. All trustees appointed under the provisions of this Part shall render and file in the office of the clerk of the superior court all reports that are now required by law of guardians."
SECTION 22. G.S. 35A‑1238 is repealed.
SECTION 23. G.S. 45‑21.31(e) is repealed.
JUDICIAL LICENSE PLATE
SECTION 24. G.S. 20‑79.4(b)(2) reads as rewritten:
"(2) Administrative
Officer of the Courts. Issuable to the Director of the Administrative Office
of the Courts. The plate shall bear the phrase "J‑20"."J‑99"."
ALLOW GRANDPARENT INTERVENTION WHEN PARENTS DECEASED
SECTION 25.(a) G.S. 7B‑401.1 reads as rewritten:
"§ 7B‑401.1. Parties.
(a) Petitioner. Only a county director of social services or the director's authorized representative may file a petition alleging that a juvenile is abused, neglected, or dependent. The petitioner shall remain a party until the court terminates its jurisdiction in the case.
(b) Parents. The juvenile's parent shall be a party unless one of the following applies:
(1) The parent's rights have been terminated.
(2) The parent has relinquished the juvenile for adoption, or safely surrendered the infant and has not sought the return of the infant prior to the filing of a termination of parental rights, unless the court orders that the parent be made a party.
(3) The parent has been convicted under G.S. 14‑27.21, 14‑27.22, 14‑27.23, or 14‑27.24 for an offense that resulted in the conception of the juvenile.
(c) Guardian. A person who is the child's court‑appointed guardian of the person or general guardian when the petition is filed shall be a party. A person appointed as the child's guardian pursuant to G.S. 7B‑600 shall automatically become a party but only if the court has found that the guardianship is the permanent plan for the juvenile.
(d) Custodian. A person who is the juvenile's custodian, as defined in G.S. 7B‑101(8), when the petition is filed shall be a party. A person to whom custody of the juvenile is awarded in the juvenile proceeding shall automatically become a party but only if the court has found that the custody arrangement is the permanent plan for the juvenile.
(e) Caretaker. A caretaker shall be a party only if (i) the petition includes allegations relating to the caretaker, (ii) the caretaker has assumed the status and obligation of a parent, or (iii) the court orders that the caretaker be made a party.
(e1) Foster Parent. A foster parent as defined in G.S. 131D‑10.2(9a) providing foster care for the juvenile is not a party to the case and may be allowed to intervene only if the foster parent has authority to file a petition to terminate the parental rights of the juvenile's parents pursuant to G.S. 7B‑1103.
(e2) Grandparent. A grandparent is not a party to the case and shall be allowed to intervene if one of the following applies:
(1) Both parents of the juvenile are deceased.
(2) One parent of the juvenile is deceased and no other parent is known.
(3) One parent of the juvenile is deceased and any other parent's rights have been terminated.
(f) The Juvenile. The juvenile shall be a party.
(g) Removal of a Party. If a guardian, custodian, or caretaker is a party, the court may discharge that person from the proceeding, making the person no longer a party, if the court finds that the person does not have legal rights that may be affected by the action and that the person's continuation as a party is not necessary to meet the juvenile's needs.
(h) Intervention. Except
as provided in G.S. 7B‑1103(b) and subsection subsections (e1)
and (e2) of this section, the court shall not allow intervention by a
person who is not the juvenile's parent, guardian, or custodian, but may allow
intervention by another county department of social services that has an
interest in the proceeding. This section shall not prohibit the court from
consolidating a juvenile proceeding with a civil action or claim for custody
pursuant to G.S. 7B‑200.
(i) Young Adult in Foster Care. In proceedings held pursuant to G.S. 7B‑910.1, the young adult in foster care and the director of the department of social services are parties."
SECTION 25.(b) G.S. 7B‑1103 reads as rewritten:
"§ 7B‑1103. Who may file a petition or motion.
(a) A petition or motion to terminate the parental rights of either or both parents to his, her, or their minor juvenile may only be filed by one or more of the following:
(1) Either parent seeking termination of the right of the other parent.
(2) Any person who has been judicially appointed as the guardian of the person of the juvenile.
(3) Any county department of social services, consolidated county human services agency, or licensed child‑placing agency to whom custody of the juvenile has been given by a court of competent jurisdiction.
(4) Any county department of social services, consolidated county human services agency, or licensed child‑placing agency to which the juvenile has been surrendered for adoption by one of the parents or by the guardian of the person of the juvenile, pursuant to G.S. 48‑3‑701.
(5) Any person with whom the juvenile has resided for a continuous period of 18 months or more next preceding the filing of the petition or motion.
(6) Any guardian ad litem appointed to represent the minor juvenile pursuant to G.S. 7B‑601 who has not been relieved of this responsibility.
(7) Any person who has filed a petition for adoption pursuant to Chapter 48 of the General Statutes.
(8) A grandparent of the juvenile if all known parents are deceased and the motion is to terminate the parental rights of an unknown parent.
(b) Any person or agency that may file a petition under subsection (a) of this section may intervene in a pending abuse, neglect, or dependency proceeding for the purpose of filing a motion to terminate parental rights.
(c) (See Editor's note) No person whose actions resulted in a conviction under G.S. 14‑27.21, 14‑27.22, 14‑27.23, or 14‑27.24 and the conception of the juvenile may file a petition to terminate the parental rights of another with respect to that juvenile."
SECTION 25.(c) Subsection (a) of this section is effective when it becomes law and applies to petitions pending or filed on or after that date. Subsection (b) of this section is effective when it becomes law and applies to petitions or motions filed on or after that date.
H971 CLARIFICATION
SECTION 26.(a) If House Bill 971, 2023 Regular Session, becomes law, then G.S. 14‑43.17(f), as enacted by Section 5 of that act, reads as rewritten:
SECTION 26.(b) This section becomes effective October 1, 2024.
H556 EFFECTIVE DATE CHANGE
SECTION 27. If House Bill 556, 2023 Regular Session, becomes law, then Section 10 of that act reads as rewritten:
"SECTION 10. Sections 3, 4, and 5 of this act
become effective July 1, 2024. Section 9 of this act is effective October 1,
2024, becomes effective October 1, 2025, and applies to judgments
rendered on or after that date. The amendments contained in Section 8 of this
act are intended to be clarifying of the General Assembly's intent under
previous amendments to this statute. Except as otherwise provided, this act is
effective when it becomes law."
EFFECTIVE DATE
SECTION 28. Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 27th day of June, 2024.
s/ Phil Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 4:50 p.m. this 8th day of July, 2024