Legal Opinion · Dissent

In re A.R.D.

Court of Appeals of North Carolina

Decided June 15, 2010No. COA10-153Published

1DissentBeasley, Judge

With regard to the majority’s holding that the trial court did not abuse its discretion by failing to appoint a guardian ad litem for Respondent, I respectfully dissent.

Our general statutes provide that a trial court may appoint a guardian ad litem for a parent in a termination of parental rights case, *508“if the court determines that there is a reasonable basis to believe that the parent is incompetent or has diminished capacity and cannot adequately act in his or her own interest.” N.C. Gen. Stat. § 7B-1101.1(c) (2009). “A trial judge has a duty to properly inquire into the competency of a…

2Cases cited5 opinions

  1. In re J.A.A.Court of Appeals of North Carolina · 2005
  2. Rutledge v. RutledgeCourt of Appeals of North Carolina · 1971
  3. State v. McVayCourt of Appeals of North Carolina · 2005
  4. In re M.H.B.Court of Appeals of North Carolina · 2008
  5. In Re of N.A.L.Court of Appeals of North Carolina · 2008

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