IN RE: Forsyth County
T.H. No. 04 JT 425
Forsyth County Department of Social Services, by Assistant
County Attorney Twanda M. Staley, for petitioner-appellee.
Womble Carlyle Sandridge & Rice, PLLC, by Carrie A.
Hanger, for Guardian ad Litem.
Stuart Teeter, for Juvenile Guardian ad Litem.
Peter Wood, for Monique F., respondent-appellant.
David Botchin, for Monique F., respondent-appellant.
Susan J. Hall, for Michael H., respondent-appellant.
LEVINSON, Judge.
On 25 October 2004 the Forsyth County Department of Social
Services (hereinafter petitioner) filed a juvenile petition
alleging that T.H., an infant then two weeks of age, was a
neglected juvenile. The court awarded custody of the child to
petitioner. Petitioner, with the approval of the court,
subsequently placed the child in the home of the paternal
grandfather and his wife. On 31 August 2005 petitioner filed a
petition to terminate the parental rights of the child's natural
parents. Following a hearing on 31 July 2006 the court filed awritten order on 11 October 2006. Respondent-father filed and
served notice of appeal from the order on 30 October 2006.
Respondent-mother filed and served notice of appeal on 2 November
2006.
The threshold issue we must first decide is whether
respondents gave timely notice of appeal thereby vesting this Court
with jurisdiction. The statute that governs the right to appeal an
order in a juvenile neglect, abuse, dependency or termination of
parental rights proceeding is N.C. Gen. Stat. § 7B-1001 (2005).
During its 2005 session, the General Assembly amended this statute,
inter alia, to extend the time for giving notice of appeal from ten
days after entry of the written order to thirty days after entry
and service of the written order. 2005 N.C. Sess. Laws 398 § 10.
The General Assembly made the amendments applicable “to petitions
or actions filed on or after” 1 October 2005. Id. at § 19. As the
present petition was filed prior to that date, the time limitation
of ten days applies. See N.C. Gen. Stat. § 7B-1001 (2003). Both
notices of appeal in this case were filed more than ten days after
entry of the order. Timely notice of appeal “is jurisdictional,
and an untimely attempt to appeal must be dismissed.” Booth v.
Utica Mutual Ins. Co., 308 N.C. 187, 189, 301 S.E.2d 98, 99-100
(1983). Accordingly, this appeal is
Dismissed.
Judges STEELMAN and GEER concur.
Report per Rule 30(e).
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