FILED SENATE
Feb 17, 2021
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 113
SESSION 2021 PRINCIPAL CLERK
S D
SENATE BILL DRS15030-ND-58
Short Title: Modify Termination of Parental Rights Appeals. (Public)
Sponsors: Senators Britt, Sanderson, and Daniel (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MODIFY THE RIGHT TO APPEAL IN TERMINATION OF PARENTAL
3 RIGHTS CASES.
4 The General Assembly of North Carolina enacts:
5 SECTION 1. G.S. 7A-27 reads as rewritten:
6 "§ 7A-27. Appeals of right from the courts of the trial divisions.
7 (a) Appeal lies of right directly to the Supreme Court in any of the following cases:
8 …
9 (5) Any order that terminates parental rights or denies a petition or motion to
10 terminate parental rights.
11 …."
12 SECTION 2. G.S. 7B-1001 reads as rewritten:
13 "§ 7B-1001. Right to appeal.
14 (a) In a juvenile matter under this Subchapter, only the following final orders may be
15 appealed directly to the Court of Appeals:
16 …
17 (6a) Any order that terminates parental rights or denies a petition or motion to
18 terminate parental rights.
19 (a1) In a juvenile matter under this Subchapter, only the following final orders may be
20 appealed directly to the Supreme Court:
21 (1) Any order that terminates parental rights or denies a petition or motion to
22 terminate parental rights.
23 (2) An order eliminating reunification as a permanent plan under
24 G.S. 7B-906.2(b), if all of the following conditions are satisfied:
25 a. The right to appeal the order eliminating reunification has been
26 preserved in writing within 30 days of entry and service of the order.
27 b. A motion or petition to terminate the parent's rights is filed within 65
28 days of entry and service of the order eliminating reunification and
29 both of the following occur:
30 1. The motion or petition to terminate rights is heard and granted.
31 2. The order terminating parental rights is appealed in a proper
32 and timely manner.
33 c. A separate notice of appeal of the order eliminating reunification is
34 filed within 30 days after entry and service of a termination of parental
35 rights order.
*DRS15030-ND-58*
 General Assembly Of North Carolina Session 2021
1 (a2) In an appeal filed pursuant to subdivision (a1)(2) (a)(5) of this section, the Supreme
2 Court Court of Appeals shall review the order eliminating reunification together with an appeal
3 of the order terminating parental rights. If the order eliminating reunification is vacated or
4 reversed, the order terminating parental rights shall be vacated.
5 …."
6 SECTION 3. This act becomes effective October 1, 2021, and applies to appeals
7 filed on or after that date.
Page 2 DRS15030-ND-58


Statutes affected:
Filed: 7A-27, 7B-1001
Edition 1: 7A-27, 7B-1001
Edition 2: 7A-27, 7B-1001
Edition 3: 7A-27, 7B-1001
Edition 4: 7A-27, 7B-1001, 7A-30, 7A-343
Edition 5: 7A-27, 7B-1001, 7A-343
Ratified: 7A-27, 7B-1001, 7A-343
SL 2021-18: 7A-27, 7B-1001, 7A-343