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← 660 S.E.2d 255 - In Re BLH

In Re BLH’s Empirical Analysis

2008

Citation profile

16
cited by 16 later decisions
1
states following
April 2019
most recently cited

16 state decisions

Relationships

Relies on 156 N.C. App. 533 - In Re Humphrey · 158 N.C. App. 441 - In Re McKinney · Mangum v. Surles · 53 N.C. App. 373 - Matter of Peirce · 150 N.C. App. 380 - In Re Hardesty

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The Rules of Civil Procedure will, however, apply to fill procedural gaps where Chapter 7B requires, but does not identify, a specific procedure to be used in termination cases.”
    6 later decisions quote this exact passage
  2. “[a] petition for termination of parental rights must allege "[f]acts that are sufficient to warrant a determination that one or more of the grounds for terminating parental rights [listed in N.C.G.S. § 7B-1111] exist." N.C. Gen.Stat. § 7B-1104(6) (2007). "While there is no requirement that the factual allegations [in a petition for termination of parental rights] be exhaustive or extensive, they must put a party on notice as to what acts, omissions, or conditions are at issue." In re Hardesty, 150 N.C.App. 380, 384 , 563 S.E.2d 79, 82 (2002). Where the factual allegations in a petition to terminate parental rights do not refer to a specific statutory ground for termination, the trial court may find any ground for termination under N.C.G.S. § 7B-1111 as long as the factual allegations in the petition give the respondent sufficient notice of the ground. In re A.H., 183 N.C.App. 609 , 644 S.E.2d 635 (2007); In re Humphrey, 156 N.C.App. 533 , 577 S.E.2d 421 (2003). However, where a respondent lacks notice of a possible ground for termination, it is error for the trial court to conclude such a ground exists. In re C.W. & J.W., 182 N.C.App. 214, 228-29 , 641 S.E.2d 725, 735 (2007); Hardesty, 150 N.C.App. at 384 , 563 S.E.2d at 82 .”
    5 later decisions quote this exact passage
  3. “This Court has held that the North Carolina Rules of Civil Procedure do `not provide parties in termination actions with procedural rights not explicitly granted by the juvenile code.'”
    4 later decisions quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.