7B-1103. Who may file a petition or motion.
(a) A petition or motion to terminate the parental rights of either or both parents to his, her, or their minor juvenile may only be filed by one or more of the following:
(1) Either parent seeking termination of the right of the other parent.
(2) Any person who has been judicially appointed as the guardian of the person of the juvenile.
(3) Any county department of social services, consolidated county human services agency, or licensed child-placing agency to whom custody of the juvenile has been given by a court of competent jurisdiction.
(4) Any county department of social services, consolidated county human services agency, or licensed child-placing agency to which the juvenile has been surrendered for adoption by one of the parents or by the guardian of the person of the juvenile, pursuant to G.S. 48-3-701.
(5) Any person with whom the juvenile has resided for a continuous period of 18 months or more next preceding the filing of the petition or motion.
(6) Any guardian ad litem appointed to represent the minor juvenile pursuant to G.S. 7B-601 who has not been relieved of this responsibility.
(7) Any person who has filed a petition for adoption pursuant to Chapter 48 of the General Statutes.
(b) Any person or agency that may file a petition under subsection (a) of this section may intervene in a pending abuse, neglect, or dependency proceeding for the purpose of filing a motion to terminate parental rights.
(c) (See Editor's note) No person whose actions resulted in a conviction under G.S. 14-27.21, 14-27.22, 14-27.23, or 14-27.24 and the conception of the juvenile may file a petition to terminate the parental rights of another with respect to that juvenile. (1977, c. 879, s. 8; 1983, c. 870, s. 1; 1985, c. 758, s. 1; 1987, c. 371, s. 2; 1995 (Reg. Sess., 1996), c. 690, s. 4; 1998-202, s. 6; 1998-229, s. 9.1; 1999-456, s. 60; 2000-183, s. 4; 2004-128, s. 13; 2015-181, s. 23; 2015-264, s. 33(b); 2021-132, s. 1(l).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 11 - Termination of Parental Rights.
§ 7B-1100 - Legislative intent; construction of Article.
§ 7B-1101.1 - Parent's right to counsel; guardian ad litem.
§ 7B-1102 - Pending child abuse, neglect, or dependency proceedings.
§ 7B-1103 - Who may file a petition or motion.
§ 7B-1104 - Petition or motion.
§ 7B-1105 - Preliminary hearing; unknown parent.
§ 7B-1106 - Issuance of summons.
§ 7B-1106.1 - Notice in pending child abuse, neglect, or dependency cases.
§ 7B-1107 - Failure of parent to answer or respond.
§ 7B-1108 - Answer or response of parent; appointment of guardian ad litem for juvenile.
§ 7B-1108.1 - Pretrial hearing.
§ 7B-1109 - Adjudicatory hearing on termination.
§ 7B-1110 - Determination of best interests of the juvenile.
§ 7B-1111 - Grounds for terminating parental rights.
§ 7B-1112 - Effects of termination order.