In re C.P., ___ N.C. App. ___, 812 S.E.2d 188 (2018)

Held: 
Affirmed in Part
Remanded
Reversed in Part
Vacated in Part
  • Procedural History:  This case originally involved two children who were adjudicated neglected and dependent, and that adjudication and following disposition was appealed. The adjudication was reversed and remanded in the published opinion In re K.P., 790 S.E.2d 744 (2016). Since that first appeal, one child (K.P.) reached the age of majority, and the case proceeded for C.P., a juvenile. On remand, the trial court held an “adjudication/disposition and permanency planning hearing” where the child was adjudicated neglected and dependent and guardianship was awarded to the child’s adult sibling. The adjudication, dispositional, and permanency planning order was appealed. That appeal was heard and decided in an unpublished opinion dated January 2, 2018. This published opinion results from a petition for rehearing pursuant to Rule 31 of the N.C. Appellate Rules and replaces the unpublished January 2, 2018 opinion.

 An adjudication of dependency under G.S. 7B-101(9) requires the trial court to address both prongs of the definition regarding (1) the parent’s ability to provide proper care or supervision and (2) the availability to the parent of alternative child care arrangements.  DSS concedes the second prong was not satisfied. Adjudication of dependency reversed.

Category:
Abuse, Neglect, Dependency
Stage:
Adjudication
Topic:
Dependency
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