Supreme Court of North Carolina

In the Matter of T.r.p.

November 17, 2006360 N.C. 588

Summary

The Court held that a juvenile petition alleging abuse, neglect, or dependency must be signed and verified as required by statute to invoke the trial court's subject matter jurisdiction. Because the petition initiating this case was neither signed nor verified, the custody review order was void ab initio, and the respondent could challenge that jurisdictional defect for the first time on appeal. The Court affirmed the order vacating the review order and dismissing the case, while remanding for determination of the status quo ante and permitting any party to file a new petition. Justice Newby, dissenting, would have treated verification as a curable procedural defect and held that the respondent waived the objection by failing to raise it earlier.