In re D.A.S., ___ N.C. App. ___ (July 1, 2026)
Held:
Affirmed
- Facts: Mother appeals order terminating her parental rights for lack of subject matter jurisdiction. In the underlying proceedings, the three children at issue were adjudicated neglected and custody was ordered to DSS. A subsequent permanency planning order (PPO) continued custody with DSS. DSS filed petitions to terminate Mother’s parental rights based on three grounds. Mother argues DSS lacked standing to file the TPR as the PPO attached to the TPR petitions did not comply with G.S. 7B-1104(5).
- Subject matter jurisdiction may be challenged for the first time on appeal and is reviewed de novo.
- The Juvenile Code grants a trial court exclusive, original jurisdiction to hear and determine TPR petitions relating to juveniles in the legal or physical custody of DSS at the time the petition is filed. G.S. 7B-1101. DSS has standing to invoke the trial court’s jurisdiction if “custody of the juvenile has been given by a court of competent jurisdiction.” G.S. 7B-1103(a)(3). The petition must state, “[t]he name and address of any person or agency to whom custody of the juvenile has been given by a court of this or any other state” with a copy of the custody order attached to the petition. G.S. 7B-1104(5). When the record does not include a copy of the custody order in effect at the time of filing, the trial court lacks subject matter jurisdiction unless DSS remediates the failure “by amendment of the petition or later production of the order.” Sl. Op. at 5 (citation omitted).
- DSS had standing to file the TPR petition and the trial court had subject matter jurisdiction to TPR. As shown in the PPO attached to the petition, the children remained in the legal custody of DSS, and that PPO was in effect at the time the TPR petitions were filed. The PPO constitutes a “custody order” for purposes of standing to file a TPR.
Category:
Termination of Parental RightsStage:
StandingTopic:
Department with Custody