In re J.M., ___ N.C. App. ___, 797 S.E.2d 305 (2016)

Held: 
Vacated

GS 7B-1101 establishes that the district court has exclusive original jurisdiction to hear a termination of parental rights action to “any juvenile who resides in, is found in, or is in the legal or actual custody of a county department of social services or licensed child-placing agency in the district at the time of filing of the petition or motion.” The court lacked subject matter jurisdiction as none of the 3 prongs were satisfied. The child resided in Wake County with his court appointed guardians after the court ordered a permanent plan of guardianship. The guardians filed the TPR petition in Durham County, but the Durham County Department no longer had custody of the child as a result of the guardianship order to the petitioners. There was no evidence the child was found in Durham County when the TPR petition was filed in the district court in Durham County.

Category:
Termination of Parental Rights
Stage:
Subject Matter Jurisdiction
Topic:
G.S. 7B Jurisdiction
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