In re T.W., 250 N.C. App. 68 (2016)

Held: 
Affirmed in Part
  • When a child is placed outside of the home, G.S. 7B-905.1(a) requires that the court order appropriate visitation that is in the child’s best interests and consistent with the child’s health and safety. The court does not have to order visitation when it makes findings that visitation is not in the child’s best interests or that the parent has forfeited her right to visitation. An order denying visitation is reviewed for an abuse of discretion.
  • There was no abuse of discretion when the court denied visitation between respondent mother and her child after finding visitation was not desirable and the mother was awaiting her criminal trial (which included a no contact order) for allegedly sexually abusing her child, was not compliant with substance abuse or mental health treatment, and was acting in a manner that was inconsistent with her child’s health and safety.
Category:
Abuse, Neglect, Dependency
Stage:
Visitation
Topic:
Findings
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