In re B.C.T., ___ N.C. App. ___, 828 S.E.2d 50 (2019)

Held: 
Reversed and Remanded

Based on other issues raised on appeal

  • Facts:    DSS received a report about mother’s home and her younger child. At the time, her older child was living with a family friend. Mother, her live-in boyfriend (a caretaker), and DSS entered into a family services agreement that focused on emotional and mental health issues, family relationships/domestic violence, and parenting skills. Mother voluntarily agreed to allow her younger child to be placed with the same family friend who was caring for her older child. Months later, DSS filed two petitions (one for each child) alleging abuse and neglect and noting that the petitions were filed because boyfriend, who mother was still living with, had not completed the family services agreement although mother had made progress on her plan. Based on mother’s stipulations, the children were adjudicated neglected. Mother complied with the case plan, exceeded DSS recommendations, and throughout the entirety of the case (investigation through appeal) had unsupervised and unlimited contact with both children. At disposition, DSS recommended the younger child’s reunification with mother but based on the wishes of the older child and time that he had spent with family friend, that custody of the older child be ordered to family friend. The court ordered (1) the younger child remain in DSS custody with placement with family friend and supervised visits with mother of at least one hour every other week, and (2) Chapter 50 custody (via G.S. 7B-911) of the older child to family friend with one hour of supervised visits per week with mother.  Mother appeals the disposition orders.
  • Voluntary Placement Reviews under G.S. 7B-910: “The requirements of G.S. 7B-910 apply to a ‘voluntary placement agreement’ but not a ‘temporary parental safety agreement.’ ” Sl. Op. at 12. Although mother argues that the court was required to hold a hearing within 90 days of the voluntary placement, the record is insufficient to consider the argument because the voluntary foster care agreement with DSS, if any, is not in the record on appeal. The appellant has the duty to include information that is necessary for an issue raised on appeal.
Category:
Abuse, Neglect, Dependency
Stage:
Appeal
Topic:
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