{"data":{"id":"us-nc/n.c.-gen.-stat.-7b-1101.1","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 7B-1101.1","heading":"Parent's right to counsel; guardian ad litem.","body":"(a)\tThe parent has the right to counsel, and to appointed counsel in cases of indigency, unless the parent waives the right. The fees of appointed counsel shall be borne by the Office of Indigent Defense Services. When a petition is filed, unless the parent is already represented by counsel, the clerk shall appoint provisional counsel for each respondent parent named in the petition in accordance with rules adopted by the Office of Indigent Defense Services, shall indicate the appointment on the juvenile summons, and shall provide a copy of the summons and petition to the attorney. At the first hearing after service upon the respondent parent, the court shall dismiss the provisional counsel if the respondent parent:\n(1)\tDoes not appear at the hearing;\n(2)\tDoes not qualify for court-appointed counsel;\n(3)\tHas retained counsel; or\n(4)\tWaives the right to counsel.\nThe court shall confirm the appointment of counsel if subdivisions (1) through (4) of this subsection are not applicable to the respondent parent. The court may reconsider a parent's eligibility and desire for appointed counsel at any stage of the proceeding.\n(a1)\tA parent qualifying for appointed counsel may be permitted to proceed without the assistance of counsel only after the court examines the parent and makes findings of fact sufficient to show that the waiver is knowing and voluntary. This examination shall be reported as provided in G.S. 7B-806.\n(b)\tIn addition to the right to appointed counsel under subsection (a) of this section, a guardian ad litem shall be appointed in accordance with G.S. 1A-1, Rule 17, to represent any parent who is under the age of 18 years and who is not married or otherwise emancipated.\n(c)\tOn motion of any party or on the court's own motion, the court may appoint a guardian ad litem for a parent who is incompetent in accordance with G.S. 1A-1, Rule 17.\n(d)\tThe parent's counsel shall not be appointed to serve as the guardian ad litem and the guardian ad litem shall not act as the parent's attorney. Communications between the guardian ad litem appointed under this section and the parent and between the guardian ad litem and the parent's counsel shall be privileged and confidential to the same extent that communications between the parent and the parent's counsel are privileged and confidential.\n(e)\tRepealed by Session Laws 2013-129, s. 32, effective October 1, 2013, and applicable to actions filed or pending on or after that date.\n(f)\tThe fees of a guardian ad litem appointed pursuant to this section shall be borne by the Office of Indigent Defense Services 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. (2005-398, s. 15; 2009-311, s. 9; 2011-326, s. 12(b); 2012-194, s. 41; 2013-129, s. 32; 2021-100, s. 17.)","path":["Chapter 7B. Juvenile Code.","Subchapter I. Abuse, Neglect, Dependency.","Article 11. Termination of Parental Rights."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_7B/GS_7B-1101.1.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:55:32Z","sha256":"685ff68f199951e9607647fa4ae7fcf88b898d37090c1541bb51c1d0f493213c","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-7b-1101","next":"us-nc/n.c.-gen.-stat.-7b-1102"},"notice":"GroundRules: Original legal text. Not legal advice."}