Statutes | Cherokee Code Chapter 7B Article 3 ยง 7B-303 | 2019
(a)
If any person obstructs or interferes with an investigative assessment required by this article, the director may file a petition naming that person as respondent and request an order directing the respondent to cease the obstruction or interference. The petition shall be verified and shall contain:
(1)
The name, date of birth and address of the child who is the subject of the investigation and assessment
(2)
A concise statement of the basis for initiating the investigative assessment and
(3)
A specific description of the conduct alleged to constitute obstruction of or interference with the investigative assessment.
(b)
For purposes of this section, obstruction of or interference with an assessment means refusing to disclose the whereabouts of the child, refusing to allow the director or ICWT to have personal access to the child, refusing to allow the director or ICWT to observe or interview the child in private, refusing to allow the director or ICWT access to confidential information and records upon request pursuant to this Article, refusing to allow the director or ICWT to arrange for an evaluation of the child by a physician, behavioral health provider or other expert, or other conduct that makes it impossible for the director to carry out the duty to assess the childs condition.
(c)
Upon filing of the petition, the Court shall schedule a hearing to be held not less than five days after service of the petition and summons on the respondent. Service of the petition and summons and notice of hearing shall be made as provided by the NC Rules of Civil Procedure on the respondent the childs parent, guardian, custodian, or caretaker and any other person determined by the Court to be a necessary party. If at the hearing on the petition the Court finds by clear, cogent, and convincing evidence that the respondent, without lawful excuse, has obstructed or interfered with an assessment required by this article, the Court may order the respondent to cease such obstruction or interference. The burden of proof shall be on the petitioner.
(d)
If the director or ICWT has reason to believe that the child is in need of immediate protection or assistance, the director shall so allege in the petition and may seek an ex parte order from the Court. If the Court, from the verified petition and any inquiry the Court makes of the director or ICWT, finds probable cause to believe both that the child is at risk of immediate harm and that the respondent is obstructing or interfering with the director or ICWTs ability to investigate and assess the childs condition, the Court may enter an ex parte order directing the respondent to cease the obstruction or interference. The order shall be limited to provisions necessary to enable the director or ICWT to conduct an investigative assessment sufficient to determine whether the child is in need of immediate protection or assistance. Within ten days after the entry of an ex parte order under this subsection, a hearing shall be held to determine whether there is good cause for the continuation of the order or the entry of a different order. An order entered under this subsection shall be served on the respondent along with a copy of the petition, summons, and notice of hearing.
(e)
The director may be required at a hearing under this section to reveal the identity of any person who made a report of suspected maltreatment as required by this article.
(f)
An order entered pursuant to this section is enforceable by civil or criminal contempt.
(Ord. No. 524 , 7-17-2015)