1. DSS Vs. non-dss cases: a gal’s perspective
BY: LEWIS FADELY

2. About Me
Born in Greensboro, North Carolina, on January 20, 1970, Lewis received his B.S. Degree from the University of Florida, 1993, and his  J.D. from the University of Dayton, Ohio in
Professional Background:
Admitted to practice Law in North Carolina 1997.
Admitted to practice in Federal Court for the Middle and Eastern Districts of North Carolina in 1999.
Professional Associations:
North Carolina State Bar Association
Contact Information
119 N. Fir Ave
Siler City, NC 27344
(919)

3. Road map Non-DSS Cases DSS Cases How the case starts for the GAL
Appointment
Activities prior to appointment
After appointment
Home visit
Meetings with DSS case worker
Meetings with DSS attorney
Review of medical records
Meetings with Respondent’s attorney
Motions and Subpoenas , etc
Final Hearing
CVD SP
Time Involved
Conclusions
Non-DSS Cases
How the case starts for the GAL
Appointment
After GAL is appointed
Final Hearing SP
Time Involved
Conclusions

4. How a case starts for Gal – dss case
Notice of Hearing filed by Petitioner
Court date selected
GAL Appointed

5. How a DSS Case starts for gal cont.
Petition filed with Notice of Hearing
Petition sets forth facts of the case.

6. How a DSS case starts for gal cont.
Same procedure for Special Proceeding Cases
Notice of Hearing filed with Petition

7. After appointment procedures
Home visit
Meetings with DSS case worker
Meetings with DSS attorney
Review of medical records
Meetings with Respondent’s attorney
Motions and Subpoenas, etc.
Court Report Prepared

8. NECESSARY MOTIONS FILED AND HEARD
Motions to freeze assets

9. Necessary motions filed and heard cont.
Interpleader Motion

10. Necessary motions filed and heard cont.
Continuance motion to postpone hearing

11. Necessary motions filed and heard cont.
Dispositive motions filed and heard

12. Subpoenas
Subpoenas issued for necessary witnesses for final hearing

13. Final hearing Medical Records Submitted Witnesses testify
Report Submitted
Final Adjudication

14. Time involved for gal
Fee Application submitted to Administrative Office of Courts
Fee is based on time spent

15. Time involved for gal cont.

16. How do non-dss cases start for gal
Notice of Hearing filed by Petitioner
Court date selected
GAL Appointed

17. How a non-dss case starts for gal cont.
Petition filed with Notice of Hearing
Petition sets forth facts of the case

18. After appointment procedures
Home visits
Review medical records
Usually no meetings with other attorneys
Usually no motions
Less time involved

19. After appointment procedures
Court Report Prepared

20. Medical Records Presented
Final hearing
Medical Records Presented
Family Testifies
Report Submitted
Final Adjudication

21. Time involved for gal (B. Price)
Fee Application submitted to Administrative Office of Courts
Fee is based on time spent

22. DSS intakes
119 APS reports in 2018 and 48 of those were screened in

23. Facts and Conclusions
DSS Cases take roughly four times the amount of hours as the typical Non-DSS case for GAL.
DSS Cases also require time spent by DSS workers, and DSS attorney.
DSS Cases typically use more court time and involve hearings in District Court and with the Clerk in Special Proceedings.
Chatham County has an aging population and the number of Adult Protective Cases is increasing.

24. Facts and conclusions cont.
THEREFORE
DSS NEEDS MORE FUNDING!!!