In re C.P., 258 N.C. App. 241 (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 That appeal was heard and decided in an unpublished opinion dated January 2, 2018.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opinion results from a petition for rehearing pursuant to Rule 31 of the N.C. Appellate Rules and replaces the unpublished January 2, 2018 opinion.
- In awarding a permanent plan of guardianship, the GAL and DSS concede the order did not contain a relevant finding under G.S. 7B-906.1(e)(1) of whether it is possible for the child to be returned to the mother within 6 months and if not why placement with the mother is not in the child’s best interests. Vacate guardianship order.
- The mother waived her right to appellate review of the guardianship order that did not include findings that she was unfit or acted inconsistently with her constitutionally protected parental rights by failing to raise it when she had the opportunity to do so at the hearing.
Category:
Abuse, Neglect, DependencyStage:
Disposition (All Stages Post-Adjudication)Topic:
Guardianship