§ 7B-503. Criteria for child protective custody orders

Statutes | Cherokee Code Chapter 7B Article 5 § 7B-503

(a) Whenever a petition is filed under C.C. chapter 7B, articles 4 or 5, the Court shall rule on the petition for custody and make separate findings and rulings on the best interests of the child for purposes of the childs placement. In no case shall a child alleged to be maltreated be placed...

§ 7B-502. Authority to issue custody orders; delegation

Statutes | Cherokee Code Chapter 7B Article 5 § 7B-502

In the case of any child alleged to be within the jurisdiction of the Court, the Court may order that the child be placed in the departments custody or the custody of another person pursuant to criteria set out in C.C. section 7B-503 when taking protective custody of the child is necessary....

§ 7B-501. Duties of person taking child into temporary emergency custody

Statutes | Cherokee Code Chapter 7B Article 5 § 7B-501

(a) A person who takes a child into custody without a Court order under C.C. section 7B-500 or 7B-500.1 shall proceed as follows: (1) Notify the childs parent, guardian, custodian, or caretaker that the child has been taken into temporary emergency custody and advise the parent,...

§ 7B-408. Copy of petition and notices to guardian ad litem

Statutes | Cherokee Code Chapter 7B Article 4 § 7B-408

Immediately after a petition has been filed alleging that a child is maltreated, the clerk shall provide a copy of the petition and any notices of hearings to the guardian ad litem for the child. (Ord. No. 524 , 7-17-2015)

§ 7B-407. Service of summons

Statutes | Cherokee Code Chapter 7B Article 4 § 7B-407

The summons shall be served under N.C.G.S. 1A-1, rule 4(j) upon the parent, guardian, custodian, or caretaker, not less than five days prior to the date of the scheduled hearing. The time for service may be waived in the discretion of the Court. If service by publication under N.C.G.S. 1A-1, rule...

§ 7B-406. Issuance of summons

Statutes | Cherokee Code Chapter 7B Article 4 § 7B-406

(a) Immediately after a petition has been filed alleging that a child is maltreated, the clerk shall issue a summons to each party named in the petition, except the child, requiring them to appear for an adjudicatory hearing at the time and place stated in the summons, not to exceed 60 days from...

§ 7B-405. Commencement of action

Statutes | Cherokee Code Chapter 7B Article 4 § 7B-405

An action is commenced by the filing of a petition in the clerks office when that office is open or by the issuance of a petition by a magistrate when the clerks office is closed, which issuance shall constitute filing. (Ord. No. 524 , 7-17-2015)

§ 7B-404. Immediate need for petition when clerk's office is closed

Statutes | Cherokee Code Chapter 7B Article 4 § 7B-404

(a) When the office of the clerk is closed, a magistrate may be authorized by the Cherokee Court to draw, verify, and issue petitions as follows: (1) When the director of the department of human services requests a petition alleging a child to be maltreated, or (2) When the director of the...

§ 7B-403.1. Amendment of petition

Statutes | Cherokee Code Chapter 7B Article 4 § 7B-403.1

The Court, in its discretion, may permit a petition to be amended. The Court shall direct the manner in which an amended petition shall be served and the time allowed for a party to prepare after the petition has been amended. (Ord. No. 524 , 7-17-2015)

§ 7B-403. Filing of petition

Statutes | Cherokee Code Chapter 7B Article 4 § 7B-403

All reports concerning a child alleged to be maltreated shall be referred to the director of the department of human services. Thereafter, if it is determined by the director that a report should be filed as a petition, the petition shall be drawn by the director, verified before an official...