Jan142026
Guardianship Q&A Series

Do I have to report the situation to Child Protective Services before I can ask the court for guardianship? – North Carolina

Short Answer

No. North Carolina law does not require a report to Child Protective Services (the county Department of Social Services, or DSS) as a prerequisite to filing a minor guardianship application with the Clerk of Superior Court.

However, North Carolina does impose a separate duty on any person to report suspected child abuse, neglect, or dependency to DSS. So even though a CPS report is not a “step” in the guardianship filing, it may still be required based on what is happening in the home.

Understanding the Problem

In North Carolina guardianship cases involving a minor, the key question is whether an adult sibling must contact Child Protective Services (the county DSS) before asking the Clerk of Superior Court to appoint a guardian because the minor is living with a parent and there are concerns about verbal abuse, physical incidents, and escalation after a divorce.

Apply the Law

North Carolina treats “reporting to DSS” and “asking for guardianship” as two different tracks that can overlap. A minor guardianship case is typically filed with the Clerk of Superior Court under Chapter 35A. A child protection investigation and court case for abuse/neglect/dependency is handled under Chapter 7B and generally starts with a report to DSS.

Even if a guardianship filing does not require a CPS report first, North Carolina law says a person who has cause to suspect a juvenile is abused, neglected, or dependent must report that suspicion to the county DSS. That duty exists regardless of whether a guardianship case is also being pursued.

Key Requirements

  • Guardianship filing is a Clerk of Superior Court process: A minor guardianship application is filed with the clerk and must include basic identifying information, the parents’ information, and the reasons guardianship is being requested.
  • Guardianship of the person/general guardian has a “natural guardian” limit: The clerk may appoint a guardian of the person or a general guardian only when the minor has no “natural guardian,” which often becomes a major issue when a parent is alive and actively parenting.
  • Separate duty to report suspected abuse/neglect/dependency: If there is cause to suspect abuse, neglect, or dependency, a report to DSS is required even if the plan is to go to court for a different type of case.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The adult sibling can file a minor guardianship application with the Clerk of Superior Court without first making a CPS report because Chapter 35A does not make DSS reporting a filing prerequisite. But the described pattern—frequent verbal abuse plus physical incidents and fear of escalation—can create “cause to suspect” abuse, neglect, or dependency, which triggers a separate legal duty to report to the county DSS under N.C. Gen. Stat. § 7B-301. In practice, these steps may happen close in time: a report to DSS to address immediate safety concerns and a court filing to seek longer-term legal authority, depending on the facts and available options.

Process & Timing

  1. Who files: The concerned adult (such as an adult sibling). Where: The Clerk of Superior Court in the county where the minor resides (or as directed by local filing rules). What: A minor guardianship application that includes the information required by statute (identity of the child, parents, interested persons, and the reasons guardianship is sought). When: As soon as a guardianship need is identified, especially if the situation is unstable.
  2. Parallel safety step (if there is cause to suspect abuse/neglect/dependency): A report can be made to the county DSS where the juvenile resides or is found. The report may be oral (including by phone) or in writing, and it should include what is known about the child, the caretakers, and the concerning conduct.
  3. What happens next: In a guardianship matter, the clerk schedules the case and addresses notice and any required appointments or reports under local practice. In a DSS matter, DSS screens and assesses the report and decides whether to seek court involvement through a juvenile petition (which DSS, not the reporting person, files).

Exceptions & Pitfalls

  • Assuming guardianship is the “right” tool when a parent is still acting as a parent: Minor guardianship through the clerk can be limited when a parent remains a “natural guardian,” so the legal pathway may depend heavily on the parent’s status and the existing custody framework.
  • Waiting to report because a court filing is planned: A planned guardianship filing does not eliminate the separate duty to report suspected abuse/neglect/dependency to DSS under N.C. Gen. Stat. § 7B-301.
  • Using the wrong forum for the goal: A guardianship case (clerk) and an abuse/neglect/dependency case (juvenile court through DSS) are different proceedings with different rules about who can file and what the court can order.
  • Understating urgency in an emergency: If there is immediate danger, a DSS report and/or law enforcement involvement may be necessary right away; a standard guardianship timeline may not address same-day safety needs.

For a broader discussion of alternatives that may fit different fact patterns, see other legal options and, for the filing side, what paperwork and court steps are required.

Conclusion

In North Carolina, a CPS/DSS report is not a required prerequisite to asking the Clerk of Superior Court for minor guardianship. But if there is cause to suspect abuse, neglect, or dependency, state law requires a report to the county DSS, regardless of any guardianship plan. The most important next step is to file the minor guardianship application with the Clerk of Superior Court while promptly making a DSS report if the facts create a reasonable suspicion of maltreatment.

Talk to a Guardianship Attorney

If a minor’s living situation raises safety concerns and guardianship is being considered, our firm has experienced attorneys who can help explain the options, the proper court, and the timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Guardianship Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.