In re O.E.M.
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The Supreme Court vacated the trial court's order terminating Father's parental rights in his son, holding that the failure of the Transylvania County Department of Social Services (DSS) to verify its motion in the cause for termination, as required by N.C. Gen. Stat. 7B-1104, deprived the trial court of subject matter jurisdiction.
After conducting a hearing on the DSS' motion seeking termination of Father's parental rights, the trial court terminated Father's parental rights. On appeal, Father argued as his sole point that DSS' failure to verify its motion for termination deprived the trial court of jurisdiction. The Supreme Court agreed and vacated the trial court's order, holding (1) the requirement contained in subsection 7B-1104 is jurisdictional as applied to both a petition for termination and a motion for termination; and (2) DSS' failure to verify its motion in the cause deprived the trial court of subject matter jurisdiction.
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