Matter of Ferguson

MARTIN (Harry C.), Judge.

At the outset, we note that Ottie Lamb Ferguson, mother of the child involved, is a proper party to this proceeding. The order denying her motion for jury trial is interlocutory but does affect a substantial right within the meaning of N.C.G.S. 1-277(a) and is appealable. N.C. Const. art. I, § 25.

The question thus raised is whether the North Carolina constitutional requirement of trial by jury is applicable to a proceeding for termination of parental rights under Article 24B of Chapter 7 A of the General Statutes of North Carolina. We are of the opinion and hold that…