In re C.T.T., 288 N.C. App. 136 (2023)
Held:
Affirmed
- Facts: Father filed a TPR petition against mother and a summons was issued on the same day. Four days later, provisional counsel was appointed to mother, such that the provisional counsel’s name was not listed on the summons. Mother was personally served with the petition and summons, and one month later, mother’s provisional counsel was served. Counsel raised a deficiency with the original summons, which was outdated. Father obtained permission from the court to serve mother by publication as her whereabouts at that time were unknown. Mother’s counsel filed a motion to dismiss arguing the notice by publication did not comply with G.S. 7B-1106 because information about filing an answer, the child’s first name, and the name of provisional counsel were not included. The court concluded the original summons complied with the statute and the notice by publication was moot since mother had been previously served. The court denied the motion to dismiss. Mother was not present for the hearing, and the court released provisional counsel. The TPR was granted, and mother appeals.
- G.S. 7B-1106 requires a summons to be served when a TPR petition is filed. The statute also identifies what must be included in the summons. Personal jurisdiction is generally accomplished with the service of a summons.
- There is no statutory requirement that the attorney’s name be listed on the summons, rather the statute requires the counsel be served with the petition and summons. Mother was personally served with a summons that complied with G.S. 7B-1106(b). Provisional counsel was served and appeared at the first pretrial conference. The statute also provides that the parent is entitled to appointed counsel, and requires that provisional counsel be appointed, and that the court review the right to provisional counsel at the first hearing after the respondent is served. This all occurred. The court had personal jurisdiction over mother. Even though the notice by publication was defective, it was moot since the original summons was sufficient.
Category:
Termination of Parental RightsStage:
Personal JurisdictionTopic: