Abuse, Neglect, and Dependency

97.16 Jurisdiction-Pleading and Process

In re H.S.F., COA05-586, Susan P. Hall for appellant-mother.
Court never acquired jurisdiction as no summons was issued
Slip Opinion

In re H.S.F., COA05-586, Rebekah W. Davis for appellee-father.
Service sufficient to invoke jurisdiction, and if not, mother waived jurisdictional defense by making general appearance.
Slip Opinion

In re D.S.A., COA06-1190, Annick Lenoir-Peek for appellant-father.
Court lacked jurisdiction due to failure of DSS to attach an Affidavit of the Status of the Child to the petition.
Slip Opinion

In re A.J.H-R and K.M.H-R, COA07-93, Robert Ewing for appellant-mother.
The dispositive issue on appeal is whether the trial court lacked subject matter jurisdiction to enter the adjudication and disposition order because the initial juvenile petitions were not properly signed and verified pursuant to N.C. Gen. Stat. § 7B- 403(a).
Slip Opinion

In re I.D.S., COA04-516, David Perez for appellant-father.
Petition did not contain allegations that trial court ultimately found, depriving father of notice.
Slip Opinion

In re D.C. and C.C., COA06-1638, Richard E. Jester for appellant-mother.
Petition alleged dependency, but the court found neglect.
Slip Opinion

In Re A.S., COA07-1242, Annick Lenoir-Peek
DSS' multiple errors in initiating petition and obtaining non-secure custody order creates a lack of subject matter jurisdiction.
COA Docket

In Re M.G., et al., COA07-643, Annick Lenoir Peek
The trial court failed to ascertain that the respondent father's summons only referenced two of the children and therefore the proceedings as to the third child are reversible as to him.
COA Slip Opinion

In Re S.W., COA07-910, Michael E. Casterline
The trial court had no jurisdiction to place the child into the nonsecure custody of DSS during a civil custody hearing and before the issuance of either a petition or a nonsecure custody order.
COA opinion