Current through Session Law 2024-53
Section 35B-6 - Cooperation between courts(a) In an incompetency, guardianship, or protective proceeding in this State, a court of this State may request the appropriate court of another state to do any of the following:(1) Hold an evidentiary hearing.(2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state.(3) Order that an evaluation or assessment be made of the respondent.(4) Order any appropriate investigation of a person involved in a proceeding.(5) Forward to the court of this State a certified copy of the transcript or other record of a hearing under subdivision (1) of this section or any other proceeding, any evidence otherwise produced under subdivision (2) of this section, and any evaluation or assessment prepared in compliance with an order under subdivision (3) or (4) of this section.(6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person.(7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. § 160.103, as from time to time amended.(b) If a court of another state in which an incompetency, guardianship, or protective proceeding is pending requests assistance of the kind provided in subsection (a) of this section, a court of this State has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.Added by 2016 N.C. Sess. Laws 72,s. 1, eff. 12/1/2016.