North Carolina Lawyers Weekly
When our Supreme Court remanded the order terminating respondent’s parental rights, the trial court was permitted, but not required, to hear from the parties on remand. Once the trial court determined to hear from the guardian ad litem and the Department of Social Services on remand, respondent was entitled to basic notice and an opportunity to be heard. Since respondent received neither notice nor an opportunity to be heard before the trial court entered its new order terminating respondent’s parental rights, we must vacate that order and remand for entry of a new order with fundamentally fair procedures consistent with the Due Process Clause of the Fourteenth Amendment.
In re Z.J.W. (Lawyers Weekly No. 011-012-23, 8 pp.) (Toby Hampson, J.) Appealed from Nash County District Court (Elizabeth Freshwater-Smith, J.) Jayne Norwood for petitioner; Garron Michael for respondent; Caroline Mackie and Andrea Liberatore for guardian ad litem. N.C. App.
