In re A.P.
In re A.P.
Opinion
**15 In this case we consider whether the Juvenile Code mandates that a petition alleging a juvenile is abused, neglected, or dependent must be filed only by the director or authorized agent of the department of social services of the county "in which the juvenile resides or is found." Because we conclude that the legislature did not intend to constrain departments of social services in this way and because such a constraint would not be in the best interests of children or families in North Carolina, we reverse the decision of the Court of Appeals holding that the Mecklenburg County Department of Social Services, Youth and Family Division did not have standing to file the juvenile petition in this case.
A.P. was born on 2 August 2015. When A.P. was born, she lived with respondent mother (respondent) in a group home for teen mothers located in Cabarrus County. On 22 September 2015, when A.P. was less than two months old, respondent was taken to an emergency room and subsequently involuntarily committed to a mental health facility in Mecklenburg County. A social worker from Cabarrus County Department of Human Services (CCDHS) met with respondent at the hospital, and respondent agreed to a safety plan with CCDHS that provided, inter alia , that A.P. would live in Rowan County with Ms. B., respondent's case worker from the group home, while respondent was in the residential mental health facility.
Respondent indicated that she planned to move with A.P. to live with her grandfather in Mecklenburg County after her release from the treatment facility, and CCDHS requested that the Mecklenburg County Department of Social Services, Youth and Family Division (YFS), investigate the appropriateness of the grandfather's home for A.P.'s placement. YFS found the home appropriate. Respondent was discharged from the treatment facility on 23 October 2015, and she and A.P. moved in with respondent's grandfather. CCDHS transferred the case to YFS to provide services to respondent in Mecklenburg County. Respondent agreed to cooperate with services from YFS and reside with A.P. in her grandfather's home. According to a CCDHS employee, CCDHS "was no longer involved [with the case] after November 2, 2015."
On 25 November 2015, YFS received a report alleging that respondent was living with A.P. in an abandoned house in Mecklenburg County without heat or electricity. The report also alleged that respondent did not have food, clothing, or diapers for A.P. and that respondent was using **16 cocaine and marijuana. Respondent's sister took A.P. back to Ms. B.'s home in Rowan County. Ms. B. observed that A.P. had not been bathed recently and that her clothes were "very dirty." Ms. B. also found drug paraphernalia in A.P.'s diaper bag. Around 4 December 2015, respondent submitted to a substance abuse assessment at the request of YFS and tested positive for benzodiazepines and marijuana. Respondent admitted to Ms. B. that she had been living in the abandoned house and that she had used marijuana.
On 18 December 2015, respondent mother agreed that A.P. would remain with Ms. B. temporarily while respondent lived with a family friend in South Carolina. Respondent returned to Mecklenburg County in January *842 2016 and was later jailed in Mecklenburg County on unidentified criminal charges in February 2016. Respondent also notified YFS that she received inpatient treatment at a mental health facility in Mecklenburg County from 18 to 20 February 2016. She later indicated to a YFS social worker that she had been residing with her sister in Cabarrus County as of 22 March 2016.
On 23 March 2016, Ms. B. informed YFS that she was no longer able to provide care for A.P. YFS contacted CCDHS and requested to transfer the case back to Cabarrus County. CCDHS declined the transfer. On 29 March 2016, YFS obtained a non-secure custody order for A.P. from a Mecklenburg County magistrate and retrieved A.P. from Ms. B.'s home. The following day, YFS filed a juvenile petition with the District Court in Mecklenburg County alleging that A.P. was a neglected and dependent juvenile.
The trial court conducted a hearing on 17 May 2016 and entered an adjudication and disposition order on 29 June 2016 in which it concluded that A.P. is a neglected and dependent juvenile. At the hearing, respondent moved to dismiss the case, arguing, inter alia , that YFS lacked standing to file the juvenile petition under the relevant provisions of the Juvenile Code, and therefore, the trial court lacked subject matter jurisdiction to hear the case. The trial court denied respondent's motion at the hearing. Respondent appealed from the trial court's adjudication and disposition order.
The Court of Appeals held that YFS lacked standing because it was not the proper party to file the juvenile petition under N.C.G.S. § 7B-401.1(a), and it vacated the trial court's order on that basis. 1
**17
In re A.P.
, --- N.C. App. ----, ----, ----,
Generally, "[j]urisdiction is '[t]he legal power and authority of a court to make a decision that binds the parties to any matter properly brought before it.' "
In re T.R.P.
,
Chapter 7B of the North Carolina General Statutes (the Juvenile Code) governs subject matter jurisdiction over abuse, neglect, and dependency actions.
E.g.,
id. at 591,
When read holistically with other provisions in the Juvenile Code, the statutory sections governing "[p]arties," N.C.G.S. § 7B-401.1(a), and "[v]enue,"
**19 belies the notion that the provision limits standing to any one county director of social services. The introductory clause for the definitions section of the Juvenile Code states that the defined words "have the listed meanings" for the purposes of the Code " unless the context clearly requires otherwise ." N.C.G.S. § 7B-101 (emphasis added). Here, context requires otherwise.
Throughout the Juvenile Code, the legislature intentionally differentiates between references to
a
director of a department of social services and
a particular
director of a department of social services.
Compare
N.C.G.S. § 7B-300 (2017) (requiring "[
t
]
he director of the department of social services in each county of the State
" to establish protective services for juveniles alleged to be abused, neglected, or dependent (emphasis added) ),
*844
(requiring "
the director
" to report findings of abuse, neglect, or dependency to "the district attorney" and "the appropriate local law enforcement agency" (emphasis added) ),
Other provisions of the Juvenile Code suggest that there may be instances when the party filing the juvenile petition is the director of a department of social services for a county that is not the juvenile's county of residence.
See
N.C.G.S. § 7B-400(b) (2017) ("When the director in one county conducts an assessment pursuant to G.S. 7B-302 in another county because a conflict of interest exists, the director in the county conducting the assessment may file a resulting petition in either county.");
see also
Because the language of section 7B-401.1(a) identifies "a county director of social services" as the proper petitioner in a juvenile adjudication action rather than "the director" (importing the definition from N.C.G.S. § 7B-101(10) ) or similar language singling out particular directors, we hold that the legislature did not intend to limit the class of parties who may invoke the court's subject matter jurisdiction in juvenile adjudication actions to only directors of county departments of social services in the county where the juvenile at issue resides or is found. Respondent suggests, under her interpretation of the Juvenile Code, that YFS would have had standing in this case if it had simply asked Ms. B. to bring A.P. to Mecklenburg County before YFS filed the juvenile petition. Respondent's interpretation-tying subject matter jurisdiction to the physical location of the juvenile at the time of filing unless the petition is filed by the director of the county department of social services for
*845
the juvenile's county of residence-would permit a parent or
**21
caretaker of a juvenile to prevent a court's otherwise proper exercise of subject matter jurisdiction simply by moving the juvenile from one county to another. Worse still, because subject matter jurisdiction "can be challenged 'at any stage of the proceedings, even after judgment,' "
Willowmere Cmty. Ass'n v. City of Charlotte
,
REVERSED AND REMANDED.
In addition to her subject matter jurisdiction argument on appeal, respondent challenged the sufficiency of evidence supporting the trial court's conclusions that A.P. was a neglected and dependent juvenile and further argued that the Court of Appeals should have remanded the case to the trial court for additional factual inquiry regarding the applicability of the Indian Child Welfare Act. The Court of Appeals did not address these arguments because its holding that the trial court lacked subject matter jurisdiction was dispositive.
In re A.P.
, --- N.C. App. at ----,
While section 7B-200(a) states that it is "[t]he court" that has jurisdiction, the Juvenile Code defines "[c]ourt" as "[t]he district court division of the General Court of Justice." N.C.G.S. § 7B-101(6) (2017).
We note that at least one other unanimous panel of the Court of Appeals has, prior to this appeal, rejected arguments essentially identical to those made by respondent in this case.
See
In re J.R.B.
,
Other policy objectives that might be advanced by respondent's interpretation, such as requiring that the deciding court have sufficient connection with the parties, providing parties a convenient forum for litigation, preventing the entry of conflicting orders from duplicative proceedings, or requiring the department filing the petition to be familiar with the facts and allegations prompting intervention, are appropriately and adequately addressed by the General Assembly in other provisions in the Juvenile Code.
See
N.C.G.S. § 7B-200(b) (2017) (explaining the means by which the court in a juvenile proceeding may permissibly exercise "[personal] jurisdiction over the parent, guardian, custodian, or caretaker of a juvenile who has been adjudicated abused, neglected, or dependent");
Reference
- Full Case Name
- In the MATTER OF: A.P.
- Cited By
- 19 cases
- Status
- Published
- Syllabus
- Appeal from adjudication and disposition order entered in a proceeding under the Juvenile Code whether the trial court lacked subject matter jurisdiction over the case because the DSS agency that filed the juvenile petition initiating the action lacked standing in the matter.