In re A.P.
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The Juvenile Code does not mandate that a petition alleging a juvenile is abused, neglected, or dependent must be filed only by the director or authorized agent of the department of social services of the county “in which the juvenile resides or is found.” See N.C. Gen. Stat. 7B-101.
The Mecklenburg County Department of Social Services, Youth and Family Division (YFS) filed a juvenile petition with the District Court in Mecklenburg County alleging that A.P. was a neglected and dependent juvenile. The trial court concluded that A.P. was a neglected and dependent juvenile. On appeal, the Court of Appeals held that YFS did not have standing to file the juvenile petition because Mecklenburg County was not the juvenile’s county of residence. The Supreme Court reversed, holding that the statutory sections in the Juvenile Code governing parties and venue did not mandate dismissal of the juvenile petition under the circumstances of this case.
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