Outline of 2020/2021 Schedule

The section below will clearly outline the calendar through June 30, 2021.

AND/DEL (previously called Pre-COVID)

Abuse, Neglect, and Dependency (AND): Tuesday and Wednesday: Alternate between In-person AND Remote based on geo-district. In-person means the entire day is IN-PERSON. Remote means the entire day is REMOTE. Friday AM can be utilized in-person or remote as needed with a preference for remote hearing.

Non-Secures (AND): Will be placed on Tuesday, Wednesday, and Friday at 8:30 AM. Non-secures might vary slightly district by district in terms of start time; however, that will be communicated by the Judge. All non-secure hearings (initial and subsequent; contested or otherwise) are heard remotely.

Obstruction (AND): Will be placed on Tuesday, Wednesday, and Friday at 8:30 AM. Obstruction hearings might vary slightly district by district in terms of start time; however, that will be communicated by the Judge. All obstruction hearings (initial and subsequent; contested or otherwise) are heard in-person.

DEL (Delinquency): Monday (Remote) and Thursday (In Person); four blocks each day 9:00 AM - 10:30 AM and 10:30 AM -12:00 PM; 2:00 PM-3:30 PM and 3:30-5:00 PM. Please schedule hearings remotely whenever possible. As of June 7, 2021, delinquency hearings will return to in-person on Monday PM.

Special Proceeding

Judges will use their special proceeding week to handle matters that will take several days and cannot fit into a AND/DEL week. Scheduling during a special proceeding week should involve communication and agreement between the Judge and all stakeholders. Special Proceeding contains the greatest change so please read ALL information below:

During the Special Proceeding week, Monday and Thursday will be fully remote. Tuesday, Wednesday will be in-person ALL DAY (9-5) and Friday will be in-person in the AM. If feasible, we would like to begin this schedule in the month of NOVEMBER; however, we are not asking or requiring any scheduled hearings to change. We only ask that if you plan to schedule during Special Proceeding from November on, you utilize this schedule. Again, I want to reiterate that in-person hearing should be reserved for cases in which constitutional confrontation rights are at issue or for cases in which the remote hearing platform cannot be accessed by a litigant or otherwise provide a meaningful opportunity to participate.

Termination of Parental Rights (TPRs): Starting January 1, 2021, the Friday of Special Proceedings will be dedicated to Private TPRS/Adoptions/Private Motions. The judges will be on a rotational schedule and each Judge will serve as the Presiding Judge over Private TPRs during their special proceeding week. During the initial hearing (conference); if it is determined the hearing is contested it will be scheduled with the assigned judge at a time the judge is available. If not contested; the case will be scheduled during the next available time on a special proceeding Friday. Non-contested will not be heard in front of their assigned judge. All cases must be time certain and parties must identify the length of the hearing so that the clerk knows how many cases to schedule. If the party cannot identify the amount of time needed, the default will be 30 minutes. Parties also must identify if the hearing needs to be in-person or remote. All initial hearings (conferences) will be set remotely.

Mecklenburg County Youth and Family Services (YFS) TPRS should be scheduled during AND/DEL or Special Proceedings Week (with the exception of the Friday AM of the Special Proceedings Week).

All delinquency matters are heard on Monday and Thursday. Any hearings that need to be conducted in-person, are held on Thursday. As of June 7, 2021, in person hearings will be held Monday PM or Thursday PM.

Whenever possible, hearings should be conducted remotely. In addition, whenever possible, hearings should be combined in order to ensure the fewest number of visits to the courthouse.

For all delinquency matters, the Juvenile Clerk will:

1. Assign hearing dates to new petitions brought to the Clerk.
2. Add the hearing the database management system, JWise.
3. Send notice to all relevant parties.
4. Add the hearing to the geo-district calendar.
5. Record the hearing via the appropriate software (Liberty, Webex).
6. Invite parents/caregivers to participate in remote hearings.

Detention

As of April 19, 2021, detention hearings will return to their respective geo-districts and assigned judge.

As of Monday April 19, 2021, Detention Hearings and Return Indictment Hearings will be placed back onto the calendars of the assigned juvenile judge. In an effort to ensure stakeholders are able to be in one courtroom with the cases/court counselors that they manage, there will be a shift in the swing courtrooms such that District 1 will swing to District 4; and District 2 will swing to District 3 (and vice versa). Pre-pandemic the swing courtrooms were District 1 with District 2; District 2 and District 3. This shift will only apply to detention hearings and return indictment hearings.

Detention Hearings

Detention hearings will continue to be remote and will begin at 9:30 AM. Detention hearings will only be held during the morning session (9:30 to 12 PM).

Cabarrus County Detention Center only has one room and one computer available to hear detentions, thus it can only conduct hearings in one courtroom at a time. As with our current process, juveniles at Cabarrus will receive priority on the docket. Mecklenburg County Detention Center will be able to run two rooms and two devices, thus it can run two courtrooms at one time.

As with all delinquency hearings, clear communication prior to court will be needed to establish which juveniles are assigned to what courtroom and which courtroom will hear from Cabarrus first.

Return Indictments

Return Indictments for detained juveniles will remain remote at 9:00 AM on detention days, unless requested to be in-person by their attorney, with the understanding that their client will have to be quarantined upon return. Any Return Indictments for detained juveniles that are ordered to be in-person will be put on the docket on Thursday at 1:30 PM. For juveniles who are not detained, Return Indictments will be held Thursday at 1:30 PM in person. This schedule provides time for the stakeholders to participate in the remote hearings and then to be present in the afternoon for the in-person matters on Thursday. The assigned detention judge’s respective geo-district’s delinquency docket will resume at 2 PM on Mondays and Thursdays. The District Attorney will make arrangements for return indictment hearings and will contact all parties in advance to ensure clarity in the manner in which the return indictment will be conducted.

Schedule

Below is a schedule based on the 2021 Juvenile Schedule with two detention courtrooms/judges (the other two judges will be Admin or Special Proceedings):

Universal Court Rooms

The meeting link for detention and return indictment hearings will be Judge (district) specific, and is outlined below. To manage delinquency dockets, the juvenile court will use Universal Links. Universal Links allow the court to have ONE link that is consistently used for each courtroom. As of April 19, 2021 we will use the universal court rooms for detention hearings, as there would no longer be a need for a unique link for detention or return indictment hearings. Because will move to the shared links, attorneys will no longer receive a link specific to detention or return indictment hearings. All attorneys will need to resume pre-pandemic status of checking the detention bed list prior to court to see if their clients were detained to determine if they need to participate in the remote detention hearings.

First Appearances

Whenever possible, First Appearances should be scheduled in conjunction with the adjudication to ensure the fewest number of visits to the courthouse by the juvenile, their family, attorneys, and other stakeholders. While we must adhere to timeline standards (within 10 days of the petition being filed for felonies) AND the juvenile must agree to this scheduling, the attempt to schedule in this matter should always be made. If the juvenile is detained AND the petition is available for all stakeholders to review, the First Appearance should be conducted during the Detention Hearing.

Adjudication and Disposition

All adjudication and disposition hearings are conducted in-person on Monday and Thursday between 9:00 AM and 12:00 PM. Adjudication and disposition hearings are set in the geo-district that the case is assigned to. If more than 3 hours is needed for an adjudication or a disposition, than the hearing must be scheduled during a Special Proceeding week. Scheduling must include consultation with the Judge and all stakeholders.

Starting June 7, 2021, all new petitions will be scheduled in via block schedules to limit the number of individuals at the courthouse at any given time. The block will work as outlined below:

 
Given that we are moving to this time block, punctuality by all parties is key. In addition, it is very important to be mindful of how much time a case will need. For example, if a case needs an hour hearing, then it would not be appropriate to schedule four (4) juveniles. Clear communication with all stakeholders (ADA, CFCR/private counsel, Clerk, and DPS) around the needs of a hearing is essential. Lastly, all stakeholders and the youth need to be mindful of who attends the hearing. As indicated in the Administrative Order issued by the Chief District Judge, only individuals essential to the hearing should attend in-person hearings and come to the courthouse.

In Court Diversion

Whenever possible, in court diversions should be managed outside of court. If there is a need for the youth to appear in court for an in-person hearing, the hearing should be set on Monday or Thursday between 9:00 AM and 12:00 PM.

Probable Cause (PC)/Transfer

All PC/Transfer hearings are conducted in-person on Monday and Thursday between 9:00 AM and 12:00 PM. Probable Cause/Transfer hearings are set in the geo-district that the case is assigned to. If more than 3 hours is needed for a Probable Cause hearing, than the hearing must be scheduled during a Special Proceedings week. Scheduling must include consultation with the Judge and all stakeholders.

Motion for Review

All motions for review (probation violations) are conducted in-person on Monday and Thursday between 9:00 AM and 12:00 PM. Motions for review are set in the geo-district that the case is assigned to. As with adjudications and dispositions, it is very important to be mindful of how much time a case will need. For example, if a case needs an hour hearing, then it would not be appropriate to schedule four (4) juveniles. Clear communication with all stakeholders (ADA, CFCR/private counsel, Clerk, and DPS) around the needs of a hearing is essential. If more than 3 hours is needed for a Motion for Review hearing, than the hearing must be scheduled during a Special Proceedings week. Scheduling must include consultation with the Judge and all stakeholders.

Youth Development Center (YDC) Reviews

All YDC reviews are conducted by Webex on Monday and Thursday between 1:30 PM and 4:00 PM. The only case in which a YDC review is not conducted remotely is if the juvenile is being transported to the courthouse for a hearing, and the review is held during the hearing. YDC reviews are set in the geo-district that the case is assigned to.

The Children’s Bureau (federal) has not relaxed standards on meeting timeline standards in abuse, neglect, and dependency cases, thus Youth and Family Services (YFS) is still required to hold hearings. Youth and Family Services cannot draw funds without having these hearings. Non-secure, Adjudication, and Permanency Planning Hearings were prioritized based on the requirements set forth. Without these hearings, YFS will not receive funds to support children and families in care.

Judicial Letter

In addition, as we prepare to resume hearings in Mecklenburg, we will need a plan for the majority of our hearings to be remote as the courthouse will not be prepared to resume full operations. This plan needs to be sustainable, as we do not currently have capacity to return to business as usual. We will need to identify a new normal in Mecklenburg County.

Lastly, in the most recent Administrative Order, the Chief District Court Judge outlined that the default for ALL AND hearings is for the hearing to be held REMOTELY. In-person hearings will be reserved for cases in which constitutional confrontation rights are at issue or for cases in which the remote hearing platform cannot be accessed by a litigant or otherwise provide a meaningful opportunity to participate. Pursuant to Emergency Directive 3 in the Chief Justice's May 1 Order, consent of the parties is not required to conduct a proceeding that includes remote audio and video transmissions; however, a party may, for good cause, object to the use of remote audio and video transmissions. It is the expectation that all parties who agree to a remote hearing agree that all aspects of the hearings are remote; including any necessary testimony. By agreeing to a remote hearing, we are agreeing all parties who need to testify can do so remotely.

Exemption Process for Remote (Webex) Hearings

All abuse, neglect, and dependency (A/N/D) matters are heard on Tuesday, Wednesday and Friday. Any hearings that need to be done in-person, must be done so on an assigned In-person day. Importantly, the default for ALL A/N/D hearings is for the hearing to be held REMOTELY. In-person hearings will be reserved for cases in which constitutional confrontation rights are at issue or for cases in which the remote hearing platform cannot be accessed by a litigant or otherwise provide a meaningful opportunity to participate.

If a reason exists that makes it impossible to participate in a hearing by Webex, a motion for exemption from remote hearing must be submitted to the appropriate office for consideration. The motion shall follow the same rules and submission deadlines set forth in the rules regarding a motion for continuance. Motions for Exemption from Remote Proceeding must be submitted on the appropriate forms and accompanied with the proposed Order form. Upon receipt of such motion, the court will follow the local rules regarding motions to continue and objections to continuance regarding any time period for holding the motion and for submission of an objection. Any objection to the motion must be submitted within the time period outlined in the rules for motions to continue and must be submitted on the attached form. All motions and objections must be served on the other parties or their attorneys prior to submission to the court.

The Judicial Branch utilizes Cisco Webex as the standard, secure technology platform for teleconferences, virtual meetings, virtual hearings pursuant to Emergency Directive 3 in the Chief Justice's April 2 Order, and other remote technology needs. Webex is a foundational component of the NCAOC technology strategy and is the only videoconferencing / meeting technology TSD supports securely over the network. Webex provides many features that support effective and collaborative meetings with staff and outside partners, bringing participants together online, or in combination onsite and remotely.

Process

As of June 1, 2020, the Juvenile Clerk will initiate the “meeting” with an emailed invitation from the geo-calendar that will go to:

1. The YFS attorney in the geo-district
2. The GAL attorney in the geo-district
3. The parent attorney
4. The Judge in the geo-district

Importantly, the Clerk who initiates the meeting must be the host for the meeting. If a stakeholder needs other individuals in the hearing (e.g., social worker, GAL volunteer, court counselor, parent), it is the expectation that the stakeholder will ensure their staff have the Webex invitation. The Webex should be shared with caution. Each unique hearing will be sent their own individual Webex invitation.

Parent Engagement

Engagement of parent(s) in the hearing can be flexible; however, the parent must be able to engage in private, confidential conversations with his/her attorney. All parties can remote into the hearing via Webex. Parent attorneys and parents will be provided three options to participate in hearings:

1. Conduct the hearing remotely. The parent attorney and the client can each join via the Webex Application. It is required that parent attorneys download and utilize the Webex Application (not call-in methods). It is highly encouraged that parents also use the Webex Application. If your client has a computer, tablet, or smart phone, you can send them the link to join the meeting by forwarding the calendar invite. If your client has a cell phone and cannot download the Webex Application, you may provide the call-in number as well as the access code, and they can join via phone. You can also follow the directions below to add your client to the Webex. Importantly. ALL ATTORNEYS ARE REQUIRED TO JOIN THE CALL WITH CAMERA.
2. If the parent and/or parent attorney needs/desires to be in court OR if contact has not been made prior to a hearing, you and your client will report to court. You will need to bring the technology needed to participate in the hearing. Please note, if you have not had contact with your client, it is expected that you meet them at the courthouse for the hearing. There are no staff at the courthouse available to “meet” your client and get them in contact with you. If you do not feel comfortable coming to the courthouse, you should see if another parent attorney feels comfortable filling in for you.
3. When you login to the hearing, if you provide the Clerk with your clients phone number OR email, they can engage your client. Please inform the parent that the phone call will be coming from a (408) number – San Jose Area code (the company that owns Webex is San Jose based).

You are highly encouraged to complete a test call prior to your hearing. We ask that you talk to your client prior to the hearing and remind them to minimize background noises and mute themselves when not speaking. There should be no television, music, or the like heard during the hearing. As they would in court, the client needs to be in an environment in which they can focus on the hearing without distraction.

Interpreters

Cases that require interpreters should go through the normal process to request an interpreter for the hearing. The interpreter will be provided the Webex link. The interpreter will call the client directly and provide simultaneous interpretation. Because of this method, interpreters must be requested in a 1:1 method. Each individual who needs interpretation must have their own interpreter.

Non-secure Custody (7 day) Hearings

All non-secure custody hearings are conducted by Webex on Tuesday, Wednesday, or Friday at 8:30 AM with the exception of D2 hearings. D2 non-secure custody hearings will be held at 1:30 PM on Tuesday, Wednesday, or Friday. Non-secure custody hearings are set in the geo-district that the case is assigned to with the exception of detention weeks. During the Judge’s assigned detention week, non-secures will be heard by the partner judge (D1 with D2/D3 with D4).

Permanency Mediation

Permanency mediation sessions will be held Mondays and Thursdays, depending on availability. All permanency mediation sessions will be conducted via Webex. It is required all parties who participate in the mediation process utilize both audio and visual (camera) components. It is not enough to call-in (audio) for the mediation. Maximum time allowed per session is two hours. If additional time needed, the coordinator can schedule additional sessions as needed.

The only time individuals should appear at the courthouse for mediation is in the following scenario:

1. If the parent requires a Rule 17 GAL and two attorneys need to be with the parent during the mediation.

Adjudications

Whenever possible, adjudication hearings should be conducted by WebEx hearings on Tuesday, Wednesday, or Friday. Adjudication hearings are set in the geo-district that the case is assigned. There may be certain elements to a case that favor an in-person hearing; however, those elements should be discussed by all stakeholders and thoughtful consideration should be made when scheduling in-person hearings. In-person hearings will be time certain and held on In-person days (see calendar at the start of this document).

Elements that may initiate the use of in-person hearings:

1. Multiple (e.g., more than three) putative fathers;
2. The parent(s) have limited cognitive functioning or mental health concerns that diminish their capacity to meaningfully engage in a remote hearing;
3. A hearing requires lengthy testimony from many local experts/witnesses.

There are some elements that may initiate hearings into remote hearings. These elements include:

1. If one party is already remote (i.e., lives in another country, state, etc.) and will need to or has called in for prior hearings.
2. There is no parental involvement.
3. A hearing requires lengthy testimony from many experts/witnesses that are not local and will need to call-in.

Dispositions

Whenever possible, disposition hearings should be conducted by Webex on Tuesday, Wednesday, or Friday. When possible, they should also be conducted immediately following the adjudication. If there is not time to complete the disposition, it should be scheduled no later than thirty (30) days after the adjudication. Disposition hearings are set in the geo-district that the case is assigned. They may be certain elements to a case that favor an in-person hearing; however, those elements should be discussed by all stakeholders and thoughtful consideration should be made when scheduling in-person hearings. In-person hearings will be time certain and held on In-person days (see calendar at the start of this document).

1. Family Service Agreement is stipulated prior to hearing.

Reviews

All Review hearings should be conducted by Webex on Tuesday, Wednesday, or Friday. Review hearings are set in the geo-district that the case is assigned. In-person hearings will be time certain and held on In-person days (see calendar at the start of this page).

Permanency Planning

Whenever possible, Permanency Planning hearings (PPH) should be conducted by Webex on Tuesday, Wednesday, or Friday. Permanency Planning hearings are set in the geo-district that the case is assigned. There may be certain elements to a case that favor an in-person hearing; however, those elements should be discussed by all stakeholders and thoughtful consideration should be made when scheduling in-person hearings. In-person hearings will be time certain and held on In-person days (see calendar at the start of this page).

Elements that may initiate the use of in-person hearings:

1. Change of goal

Post TPR Review

All Post TPR Review hearings should be conducted by Webex hearings on Tuesday, Wednesday, or Friday on a scheduled Remote day (see calendar at the start of this page).

JW -- Judicial Bypass

The Clerk will contact the juvenile Judges to identify who is at the courthouse and available to hear the JW.

Future Expansion Planning Ideas

The current administrative order does not allow for TPRs through YFS or private TPRs. While the juvenile court has held pre-trial conferences for private TPRs. TPRS pose a unique challenge for this court, as these hearings are typically contested and lengthy and need to be completed in-person. In cases where the TPR is not contested, those hearings can procced remotely. The plan below outlines for moving forward with contested TPRs.

Termination of Parental Rights (TPR)

Starting January 1, 2021, the Friday of Special Proceedings will be dedicated to Private TPRS/Adoptions/Private Motions. The judges will be on a rotational schedule and each Judge will serve as the Presiding Judge over Private TPRs during their Special Proceedings week. During the initial hearing (conference); if it is determined the hearing is contested it will be scheduled with the assigned judge at a time the judge is available. If not contested; the case will be scheduled during the next available time on a Special Proceedings Friday. All cases must be time certain and parties must identify the length of the hearing so that the clerk knows how many cases to schedule. If the party cannot identify the amount of time needed, the default will be thirty (30) minutes. Parties also must identify if the hearing needs to be in-person or remote. All initial hearings (conferences) will be set remotely.

Private Termination of Parental Rights

Mecklenburg County YFS TPRS should be scheduled during AND/DEL or Special Proceedings Week (with the exception of the Friday AM of the Special Proceedings Week).