In re A.C., ___ N.C. App. ___ (April 1, 2026)

Held: 
Vacated and Remanded
There is a dissent
in part by Tyson, J.
  • Facts: In September 2024, the child at issue was adjudicated neglected based on the death of the child’s older brother from hyperthermia and dehydration. In January 2025 at disposition, custody was awarded to the child’s paternal grandparents with weekly visitation to Mother and Father. Mother and Father subsequently separated, and Father faced a felony charge related to the sibling’s death. The trial court ordered reunification as the child’s primary permanent plan and Mother was assigned a case plan. In May 2025, a permanency planning order eliminated reunification with Mother, concluded Mother waived her paramount constitutional rights as a parent, awarded custody to the child’s paternal uncle, ordered weekly visitation with Mother at a time and location at the uncle’s discretion, and terminated jurisdiction. Two days later, the district court entered a custody order to the same effect. Mother appeals the permanency planning and custody orders. Mother argues that the trial court erred in determining Mother waived her constitutional rights; abused its discretion in eliminating reunification; erred in awarding custody of the child to the uncle and failed to satisfy statutory verification requirements; and improperly delegated the court’s authority to determine visitation. This summary addresses the verification issue; other issues are summarized separately.
  • G.S. 7B-906.1(j) requires the trial court “verify that the person receiving custody . . . of the juvenile understands the legal significance of the placement . . . and will have adequate resources to care appropriately for the juvenile.” Sl. Op. at 13, quoting G.S. 7B-906.1(j). The supreme court has held that specific findings are not required to make the verification but “the [R]ecord must show the trial court received and considered reliable evidence that the guardian or custodian had adequate resources and understood the legal significance of custody or guardianship.” Sl. Op. at 14 (citation omitted). The evidence shows the trial court verified that the uncle understood the legal significance of the placement and adequacy of resources to care for the child, including a twenty page report from DSS showing his willingness and ability to care for the child, his custodial obligations and responsibilities, and household finances.
  • Dissent: Both the PPO and custody order should be vacated in their entirety. The trial court’s conclusion that Mother is unfit or engaged in conduct which waives her constitutionally protected status as a parent is unsupported and should be vacated.
Category:
Abuse, Neglect, Dependency
Stage:
Disposition (All Stages Post-Adjudication)
Topic:
Custody Order
Tags:
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verification
7B-906.1(j)