368 N.C. 705
N.C.2016Background
- Wake County Human Services obtained non-secure custody of N.T. on May 21, 2012 and filed a juvenile petition alleging neglect on May 22, 2012.
- The petition includes a verification signed by an authorized WCHS representative and a second signature in the space for the official who administers oaths, with illegible name/identity.
- The designated title space for the person authorized to administer oaths was left blank.
- Trial court adjudicated neglect and continued custody, later changed the plan to adoption, and eventually moved to terminate parental rights in 2014.
- Court of Appeals vacated the termination order on discretionary review due to an illegible verification signature, creating a potential lack of subject matter jurisdiction.
- Supreme Court of North Carolina reverses, holding the petition was properly verified under a presumption of regularity and burdens on challengers to show lack of verification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the petition was properly verified given an illegible signature | WCHS argues the verification appears facially valid and presumption of regularity controls | Respondent contends verification must show authority and illegible signer lacked authority | Yes; petition properly verified; presumption of regularity applies |
Key Cases Cited
- In re T.R.P., 360 N.C. 588 (2006) (verification required; vital safeguard in juvenile proceedings)
- Cheape v. Town of Chapel Hill, 320 N.C. 549 (1987) (presumption of regularity; burden on challenger to show lack of jurisdiction)
- Dellinger v. Clark, 234 N.C. 419 (1951) (presumption of jurisdiction; burden on party asserting want of jurisdiction)
- Williamson v. Spivey, 224 N.C. 311 (1944) (prima facie presumption of rightful jurisdiction)
- State v. Watts, 289 N.C. 445 (1976) (public officer presumed to perform duties lawfully)