In Re Malone

In In re Malone, 129 N.C. App. 338, 498 S.E.2d 836 (1998), a Florida court had previously exercised jurisdiction over the custody of the juvenile at issue, the Court determined that the trial court had emergency jurisdiction to enter a temporary nonsecure custody order, but at the point at which the order was entered, "'the trial court was required to defer any further proceedings in the matter pending a response from Florida as to whether that state was willing to assume jurisdiction to resolve the issues of abuse.'" Id. at 344, 498 S.E.2d at 840 (quoting In re Van Kooten, 126 N.C. App. 764, 771, 487 S.E.2d 160, 164 (1997)). Although the Durham County Department of Social Services ("DCDSS") had contacted the Florida Department of Human Rehabilitative Services ("HRS") as well as the Sheriff's Department in Collier County, and HRS indicated to DSS that it had no jurisdiction over the child since she no longer lived in Florida, this Court held that this is not sufficient contact under the mandate of our state statute that requires the trial court to directly contact the Florida court to determine if Florida is willing to exercise jurisdiction in this case. . . . The trial court must make the contact with the Florida court. Id. at 345, 498 S.E.2d at 840. Accordingly, this Court reversed and remanded to the trial court "to directly contact the appropriate Florida court to determine if Florida is willing to assume jurisdiction to resolve the issue." Id.