Termination of Parental Rights

82.01.a Subject Matter Jurisdiction-Interstate Issues 7B-1101

In Re R.A.H., Jr. and T.S.H., COA06-183, Annick Lenoir-Peek for appellant-mother
All previous orders addressing child custody were entered by the district court in Iowa. Despite the children moving to North Carolina, one parent remained Iowa and nothing in the record indicates that Iowa relinquished jurisdiction, or was even asked to do so. Accordingly, the North Carolina trial court lacked subject matter jurisdiction over the termination of parental rights proceeding, and the orders for termination of parental rights must be vacated.
COA opinion

In Re T.J.D.W., J.J.W., COA06-1323, SCT202A07, Richard Croutharmel for appellant-mother
The decree state in the case is South Carolina and there is no record evidence that, before modifying the South Carolina order, the North Carolina trial court conducted an inquiry into whether South Carolina had continuing jurisdiction under South Carolina law. The Court of Appeals also failed to conduct such an analysis in its opinion. Thus, North Carolina failed to establish that it complied with the PKPA in this case. It has not given full faith and credit to a child-custody determination from South Carolina.
COA Opinion
SCT Opinion

In Re S.D.H, D.R.H., COA06-1325, Duncan McCormick for appellant-father
The trial court erred when it failed to make specific findings that jurisdiction existed pursuant to the UCCJEA.
COA Opinion

In Re H.L.A.D., COA07-34, SCT386A07 Duncan McCormick for appellant-father
The trial court lacked subject matter jurisdiction to enter the order terminating respondent's parental rights because the child neither resided nor was found in NC and was not in the custody of a county DSS as required by G.S. 7B-1101. Neither the court's general jurisdiction over proceedings for termination of parental rights, nor its continuing jurisdiction over custody after an initial custody determination, may substitute for the specific requirements set forth in G.S. 7B-1101 for termination of parental rights.
COA Opinion
SCT Opinion

In Re H.L.A.D., COA07-34, SCT386A07 Sofie Hosford for appellees
The trial court had subject matter jurisdiction to enter the order terminating respondent's parental rights even though the child was not a resident of NC, was not found in NC and was not in the custody of a county DSS because 7B-1101 refers to 'original' jurisdiction and in this case, NC is exercising 'continuing' jurisdiction as set forth in 7B-201.
COA Opinion
SCT Opinion