New Extended Foster Care Judicial Review Legislation Fails to Extend Subject Matter Jurisdiction to District Courts

 

While any effort to extend resources to young adults who have been in foster care is welcome, it seems that North Carolina's efforts to extend foster care to 18-21 year olds has run into a bit of a snag. The problem is that North Carolina General Statute §7B-910.1, which provides for judicial review of such foster care agreements, cannot be implemented by county departments of social services because judicial review is not authorized pursuant to North Carolina General Statutes §7B-200 and §7B-201.

The subject matter jurisdiction of the North Carolina District Courts to hear matters pertaining to juveniles is set forth in North Carolina General Statute §7B-200. The statute sets forth generally subject matter authority “. . . over any case involving a juvenile who is alleged to be abused, neglected, or dependent.” N.C. Gen. Stat. §7B-200.  A juvenile is defined by the North Carolina Juvenile Code as “. . .a person who has not reached the person’s eighteenth birthday and who is not married, emancipated, or a member of the Armed Forces of the United States. N.C. Gen Stat. §7B-101(14).  In addition to the authority generally conferred upon the district courts in North Carolina over juvenile, North Carolina General Statute §7B-200 also provides for subject matter jurisdiction in the following circumstances:

1. Proceedings under the Interstate Compact on the Placement of Children ;
2. Proceedings involving judicial consent for emergency surgical or medical treatment of a juvenile in the absence of parental or guardian granted authority;
3. Emancipation proceedings;
4. Proceedings to terminate parental rights;
5. Proceedings for the reinstatement of parental rights;
6. Proceedings to review the placement of a juvenile in foster care pursuant to an agreement between the juvenile’s parents or guardian and a county department of social services;
7. Obstruction petitions;
8. Proceedings involving consent for an abortion on an un-emancipated minor;
9. Proceedings by an underage party seeking judicial authority to marry;
10. Petitions for judicial review of a director’s determination that an individual should be named to the Responsible Individual List.

The North Carolina Department of Health and Services has authorized, effective January 1, 2017, county departments of social services to “extend foster care services to an individual who has reached age 18 and desires to remain in foster care. Memorandum, North Carolina Administrative Office of the Courts, Extended Foster Care for Young Adults Ages 18-21 (January 19, 2017).  For those who fall within the age parameters, this authorization allows a county department of social services to allow foster care placement until the age of 21 years of age provided that the individual is (1) completing secondary education or a program leading to an equivalent credential; (2) enrolled in an institution that provides postsecondary or vocational education; (3) participating in a program or activity designed to promote, or remove barriers to employment; (4)  employed for at least 80 hours per month; or (5) incapable of completing the afore-mentioned educational or employment requirements due to a medical condition or disability . Id.  As part of the process of extending foster care for individuals who meet the requirements of participation, the North Carolina Legislature has implemented North Carolina General Statute 7B-910.1 which requires the district court to review placement agreements extending foster care services to young adults. N.C. Gen. Stat. §7B-910.1. The procedure for judicial review consists of requiring the county department of social services that is extending foster care to a young adult to calendar a hearing before the district court not more than 90 days from the date the agreement was executed. Id. At the judicial review hearing, the district court is tasked with making the following determinations:

1. Whether the placement is in the best interests of the young adult in foster care;
2. The services that have ben or should be provided to the young adult in foster care to improve the placement;
3. The services that have been or should be provided to the young adult in foster care to further the young adult’s educational or vocational ambitions, if relevant.N.C. Gen. Stat. §7B-910.1 (a)(1-3). Further review hearings are authorized by statute upon the written request of either the county department of social services or the young adult to allow the court to “. . . monitor the placement and progress toward the young adult’s educational or vocational ambitions.” N.C. Gen. Stat. §7B-910.1(b).

North Carolina General Statute §7B-200 specifically enumerates those actions involving juveniles that the legislature has authorized the North Carolina district courts to hear. While there is an abundance of matters that the legislature has authorized the district courts to hear, the legislature has specifically not authorized any judicial oversight in matters pertaining to young adults who have reached the age of 18 years of age. Id. In addition, the North Carolina Legislature has specifically limited judicial authority in abuse, neglect, and dependency actions to individuals who have not yet reached the age of 18 years of age. See N.C. Gen. Stat. §7B-201; In re K.C.G., 171 N.C. App. 488 (N.C. Ct. App. 2005). Where there is no legislative authorization provided to a court to exercise subject matter jurisdiction, the court is powerless to act and any order rendered in such a matter is null and void on its face. In re K.C.G., 171 N.C. App. 488, 615 S.E.2d 76 (2005); In re Ivey, 156 N.C. App. 398 (N.C. Ct. App. 2003).

 

As the North Carolina District Courts lack subject matter jurisdiction to review extended foster care placements, a county agency, while permitted to extend to young adults such agreements, have no basis for requesting judicial review at this time. County departments of social services should therefore refrain from calendaring review of extended foster care placements until such time as the North Carolina Legislature amends North Carolina General Statute §7B-910.1 to permit review of extended foster care agreements of individuals 18-21 years of age, and amends North Carolina General Statute §7B-201 to extend the court’s jurisdiction in extended foster care matters to the age of 21.