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 entered an interim dispositional order and dismissed the petitions as to the younger child as neglected and dependent and the older child as dependent. DSS filed its notice of appeal for the dismissals of the adjudications.
  • The court declined to review the dismissal of the older child’s dependency allegation. G.S. 7B-1001(a)(3) provides for the right to appeal an initial disposition order and the adjudication order upon which it is based. “[T]here is no right of immediate appeal from an interlocutory order, ‘which does not dispose of the case . . .’ ” Sl. Op. at 8. Here, the court entered an adjudication and interim disposition order, which included a date for the dispositional hearing, for the older child. This temporary dispositional order is interlocutory. The adjudication and interim dispositional order is not appealable under G.S. 7B-1001(a)(3). The portion of the appeal challenging the adjudication of the older child is dismissed without prejudice.
Category:
Abuse, Neglect, Dependency
Stage:
Appeal
Topic:
Appealable Order
Tags:
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7B-1001
interlocutory order