N.C. R. Prac. Super. & Dist. Ct. 21.10

As amended through June 18, 2024

Rule 21.10 - Hearings

A) At the first non-secure hearing or first appearance in an abuse, neglect, and/or dependency action, the court shall review the case to determine:

a. verification of the petition

b. service on all parties

c. status of counsel

d. paternity issues

e. placement of the children

f. status of other relatives

g. visitation by the respondents

h. status of case plan

i. review of subsequent court dates

B) At the second non-secure hearing, the Court shall review a through i above, as necessary. DSS shall provide to the respondent or counsel and the GAL attorney proposed written stipulations of fact for review. In those cases where no non-secure order is entered, proposed stipulated facts shall be submitted to respondent or counsel and the GAL attorney at least two weeks prior to the pre-adjudication hearing.

C) At the third non-secure hearing, the assigned judge may conduct a pre-adjudication conference. A pre-adjudication conference may be scheduled for cases without a nonsecure order at the time for a third non-secure hearing. At the pre-adjudication conference:

a. All attorneys and a Guardian ad Litem (GAL) representative shall be present;

b. All parties in the action shall be present; clients living out of state may be available by phone or other electronic means;

c. The judge shall resolve all pretrial motions or requests, including discovery requests;

d. All counsel shall review the petition and determine which specific allegations of the petition are at issue; and which stipulations shall be tendered to the court. The respondent counsel shall have discussed the DSS's proposed stipulations with their clients and have prepared written responses including proposed counter stipulations, if any, and provide those to DSS and the GAL prior to the court conducting the pre-adjudication hearing;

e. Requests for peremptory/special settings shall be made to the court.

D) In TPR cases, at the first appearance/preliminary hearing, the court shall review the case to determine:

a. Verification of petition

b. Service on all parties

c. Status of Counsel

d. Paternity issues

e. Review of court dates

E) Each TPR case shall be scheduled for a pre-trial conference four weeks prior to the scheduled adjudication date. At the pre-trial conference

a. All attorneys and a Guardian ad Litem (GAL) representative shall be present,

b. All parties in the action shall be present; clients living out of state may be available by telephone or other electronic means;

c. The judge shall resolve all pretrial motions or requests, including discovery requests;

d. All counsel shall review the petition and determine which specific allegations of the petition are at issue; and which stipulations of fact shall be tendered to the court; and whether the respondents have considered relinquishment;

e. Requests for peremptory/special settings shall be made to the court.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 21.10

Adopted December 21, 2022, effective 1/1/2023.