In re B.B., 381 N.C. 343 (2022)

  • Facts: In 2019, the juveniles were adjudicated neglected and dependent. Later that year, DSS filed a TPR motion. The TPR was granted. Respondent’s appealed. The trial court entered an amended TPR order that added findings of fact. On appeal, respondents argued that the trial court lacked jurisdiction to amend the order as it was more than a clerical amendment.
  • The trial court did not have jurisdiction to amend the TPR order after the notice of appeal was filed. Although G.S. 7B-1003 authorizes the trial court to have jurisdiction while an appeal is pending, it prohibits the trial court from exercising jurisdiction in a TPR when an appeal is pending. The trial court made substantive changes to the order after the appeal was pending. That amended order is void, and the original order is reviewed for the appeal.
Termination of Parental Rights
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