365 N.C. 171
N.C.2011Background
- DSS filed a juvenile petition alleging neglect and dependency for J.H.K. and J.D.K.; nonsecure custody placed with DSS.
- GAL Terry Helms and attorney Donna Wright were appointed under § 7B-601; later Karen Moorefield replaced Helms as GAL in 2008.
- A TPR petition was filed in November 2007; multiple permanency planning and review hearings followed through 2009.
- In July 2009, a TPR hearing occurred; the trial court terminated parental rights based on conduct and risk findings.
- Court of Appeals held GAL must be physically present at the TPR hearing and reversed the trial court.
- North Carolina Supreme Court reversed, concluding GAL volunteers need not be physically present; GAL program duties satisfied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the GAL volunteer must be physically present at a TPR hearing. | Father argued GAL must be present to represent the child’s interests. | State maintained GAL representation via the GAL program and attorney advocate sufficed. | GAL representation satisfied; not required to be physically present. |
Key Cases Cited
- In re J.H.K., 695 S.E.2d 162 (N.C. App. 2010) (appeal related to GAL presence in TPR hearing)
- In re R.A.H., 614 S.E.2d 382 (N.C. App. 2005) (distinguishes representation concept from mere reporting)
- In re Clark, 281 S.E.2d 47 (N.C. 1981) (guardian ad litem may defend pro se or employ counsel)