Rule 21.12 - Motions/Discovery PracticeA) Except as set out herein, all motions and discovery shall be made as set forth in NCGS 7B-700. If gaps exist in the juvenile code or these rules, then the North Carolina Rules of Civil Procedure shall control.B) DSS Records a. Within fifteen (15) working days after a petition is filed alleging abuse and/or neglect, DSS shall provide a draft copy of any Child Protective Service (CPS) dictation up to the date of filing, a copy of the safety assessment and any CPS case plans in place during the previous twelve (12) months to the GAL and the respondent counsel. Records in dependency only cases and termination of parental rights (TPR) cases will be provided only upon request. Counsel may request dictation for periods after the filing of the petition.b. DSS will redact the name and identifying information as to the reporter of the abuse and neglect.c. Whenever feasible, discovery shall be provided digitally rather than by paper.d. Respondent attorneys or the GAL attorneys shall not provide copies of the dictation to their clients or other parties without the Court's permission.e. If a respondent attorney is released from representation prior to the completion of the case, any copies of DSS records shall be returned to DSS.f. Attorneys are authorized to destroy copies of the records sixty (60) days following a voluntary or involuntary dismissal of the action, a TPR judgment, an order awarding guardianship of the children, an order returning custody to the parents with no further reviews, or any other action that finally terminates the case and no appeal has been filed.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 21.12
Adopted December 21, 2022, effective 1/1/2023.