In re G.B.G., ___ N.C. App. ___ (February 19, 2025)

Held: 
Dismissed in Part; Affirmed in Part.
  • Facts: DSS filed petitions alleging two children neglected and dependent. The trial court adjudicated the older child neglected and dismissed the petitions as to the younger child as neglected and dependent and the older child as dependent. DSS timely filed its notice of appeal, signed by the social worker supervisor and DSS counsel. Respondents motioned to dismiss the appeal for failure of the DSS director to sign the notice of appeal. DSS alternatively petitioned for a writ of certiorari (PWC). Respondents also moved to strike the GAL’s brief for failure to timely file, arguing the GAL was standing in the shoes of DSS.
  • Appellate Rule 3 provides that a party entitled to appeal under G.S. 7B-1001(a) must file notice of appeal in the time and manner set out in G.S. 7B-1001(b) and (c). Failure to comply with Appellate Rule 3 is a jurisdictional defect requiring dismissal of the appeal. G.S. 7B-1001(c) requires the notice of appeal to be signed by the appealing party and their counsel. G.S. 108A-14(b) authorizes the DSS director to delegate to their staff the authority to act as the director’s representative. Here, DSS’s notice of appeal was not signed by the director, and instead was signed by the social worker supervisor as “Supervisor and Authorized Representative of the [DSS director]” and DSS counsel. The supervisor’s signature is authorized by G.S. 108A-14(b) and is sufficient to confer jurisdiction pursuant to Appellate Rule 3 and G.S. 7B-1001. Therefore, Petitioner’s PWC is dismissed as moot.
    • Author’s Note: Appellate Rule 3(b)(2) refers to Appellate Rule 3.1, which applies to appeals of A/N/D and TPR orders.
  • The court denied Respondents’ motion to strike the GAL’s brief since the GAL did not appeal. The GAL is a party to the appeal and, absent reference to violation of binding rules or authority, the court will not strike its brief.
Category:
Abuse, Neglect, Dependency
Stage:
Appeal
Topic:
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signature
Notice of appeal