NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 1206

SENATE BILL 875

 

 

AN ACT TO PROVIDE FOR THE TERMINATION OF PARENTAL RIGHTS OF PARENTS WHO ARE MENTALLY INCAPABLE OF CARING FOR THEIR CHILDREN, AND TO PROVIDE FOR APPOINTMENT OF A GUARDIAN AD LITEM TO PROTECT THE PARENTS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  The third sentence of G.S. 7A-289.23 is deleted and the following is substituted in lieu thereof:

"A guardian ad litem, who shall be an attorney and who shall be appointed in accordance with Rule 17 G.S. 1A-1, of the Rules of Civil Procedure, shall be appointed to represent a parent whose rights, it is alleged, should be terminated pursuant to G.S. 7A-289.32(7), unless such parent has retained counsel, and shall be appointed to represent a minor parent under the age of 14 years. The fees of the guardian ad litem shall be borne by the Administrative Office of the Courts when the court finds that the respondent is indigent. In other cases the fees of the court appointed guardian ad litem shall be a proper charge against the respondent, if the respondent does not secure private legal counsel."

Sec. 2.  G.S. 7A- 289.32 is amended by adding a new subdivision to read:

"(7)      That the parent is incapable as a result of mental retardation, mental illness, organic brain syndrome, or any other degenerative mental condition of providing for the proper care and supervision of the child, such that the child is a dependent child within the meaning of G.S. 7A-517(13), and that there is a reasonable probability that such incapability will continue throughout the minority of the child."

Sec. 3.  G.S. 7A-451(a) is amended by adding a new subdivision to read:

"(14)    A proceeding to terminate parental rights where a guardian ad litem is appointed pursuant to G.S. 7A-289.23."

Sec. 4.  The Administrative Office of the Courts shall report on the implementation of this act to the 1981 General Assembly not later than May 1, 1981, and shall make a supplemental report no later than May 1, 1982.

Sec. 5.  The Judicial Department is hereby authorized to reallocate funds appropriated under Budget Code 1330-1919 as the funding source for the guardian ad litem provided for in the case of the alleged incapable parent as directed by Section 1 of this act.

Sec. 6.  This act shall become effective 60 days after ratification but shall not apply to any action brought prior to the effective date.

In the General Assembly read three times and ratified, this the 24th day of June, 1980.