On October 1, 2019, the NC Administrative Office of the Courts (AOC) released one new juvenile form and revised several existing juvenile forms. See the links to these forms below with a brief summary from AOC describing the specific revision. We have also linked a PDF summary from the Court Improvement Program’s Juvenile Code Revision subcommittee describing the revisions included in Session Law 2019-33 (HB301). Access the House Bill 301 Summary by clicking here.
After having served on this committee for many years while they were working in roles with the State of North Carolina, Angie and Deana continued on the committee this year in their new roles as attorneys for county departments of social services. Through this work Angie and Deana extend their commitment to provide oversight, guidance, and expertise at the administrative level.
NEW FORM:
AOC-J-165 (Notice Of Stay Of Child Custody Issue) – New 10/19
New J- form, which is to be used to provide the notice of stay that is required under G.S. 7B-200(c)(1).
REVISED FORMS:
AOC-J-143 (Waiver Of Parent’s Right To Counsel) – Rev. 10/19
The colon after “IN THE MATTER OF” was removed. Citations to G.S. 7B-2503(1)c. and G.S. 7B-2506(1)c. were added to the title block, as was a “POST-DSS-PLACEMENT REVIEW AND PERMANENCY PLANNING HEARINGS (DELINQUENT)” checkbox option and a “POST-DSS-PLACEMENT REVIEW AND PERMANENCY PLANNING HEARINGS (UNDISCIPLINED)” checkbox option. In the FINDINGS OF FACT section, the following sentence was added to the Note To Judge: “G.S. 7B-2503(1)c. and G.S. 7B-2506(1)c. each provide an entitlement to court-appointed counsel unless the parent makes a knowing and voluntary waiver of the right to counsel.” The “Replaces J-203” parenthetical was removed from the footer.
AOC-J-144 (Order Of Assignment Or Denial Of Counsel (Abuse, Neglect, Dependency; Termination Of Parental Rights; Post-DSS-Placement Review And Permanency Planning Hearings (Delinquent/Undisciplined))) – Rev. 10/19
Change in form title, with addition of “Post-DSS-Placement Review And Permanency Planning Hearings (Delinquent/Undisciplined).” The “(TYPE OR PRINT IN BLACK INK)” instruction was removed from top of form and the colon after “IN THE MATTER OF” was removed. Citations to G.S. 7B-2503(1)c. and G.S. 7B-2506(1)c. were added to the title block. In the Type Of Case cell, “Post-DSS-Placement Review and Permanency Planning Hearings (Delinquent)” and “Post-DSS-Placement Review and Permanency Planning Hearings (Undisciplined)” checkbox options were added. In that same cell, “A/N/D” and “TPR” parentheticals were added to the existing checkbox options. The following language was added at the end of the Instructions sentence: “or where the applicant is a parent of a juvenile who was placed in the custody of the department of social services after being adjudicated delinquent or undisciplined.” In the ASSIGNMENT OR DENIAL OF COUNSEL section, the following text was added to the introductory sentence: “or is the parent of a juvenile who was placed in the custody of the department of social services pursuant to G.S. 7B-2503(1)c. or G.S. 7B-2506(1)c.” Also in that same section, “If this is an A/N/D or TPR case” was added to item 1 and item 2.
AOC-J-150 (Order For Nonsecure Custody (Abuse/Neglect/Dependency)) – Rev. 10/19
In item 1.b on Side One, “physical injury or sexual abuse” was changed to “physical injury, sexual abuse, or serious emotional damage as defined by G.S. 7B-101(1)e.”
AOC-J-151 (Order On Need For Continued Nonsecure Custody (Abuse/Neglect/Dependency)) – Rev. 10/19
In item 7 on Page One, Side Two, “physical injury or sexual abuse” was changed to “physical injury, sexual abuse, or serious emotional damage as defined by G.S. 7B-101(1)e.”
AOC-J-226 (Affidavit Of Indigency (Juvenile Proceedings)) – Rev. 10/19
On Side One, citations to G.S. 7B-2503(1)c. and G.S. 7B-2506(1)c. were added to the title block. In the cell directly beneath the title block, two “Adjudication(s)” checkbox options were added: “Delinquent (for post-DSS-placement review and permanency planning hearings)” and “Undisciplined (for post-DSS-placement review and permanency planning hearings).”
AOC-J-240A (Notice Of Hearing In Juvenile Proceeding (Delinquent)) – Rev. 10/19
On Side One, in the bottom row of Name And Address cells, a “Parent’s Atty.” checkbox option was added to the cell on the right side. Item 16 was renumbered as item 17 and a new item 16 (“Post-DSS-placement review or permanency planning hearing. G.S. 7B-906.1.”) was added.
AOC-J-240B (Notice Of Hearing In Juvenile Proceeding (Undisciplined)) – Rev. 10/19
On Side One, in the bottom row of Name And Address cells, a “Juvenile’s Atty.” checkbox option was added to the cell on the left side and a “Parent’s Atty.” checkbox option was added to the cell on the right side. Item 7 was renumbered as item 8 and a new item 7 (“Post-DSS-placement review or permanency planning hearing. G.S. 7B-906.1.”) was added.