In re C.S.L.B., 254 N.C. App. 395 (2017) (originally unpublished but subsequently published)

Vacated in Part

G.S. 7B-905.1 requires that the court order that continues a child’s placement outside of the home (in this case a guardianship order) provide for an appropriate visitation plan that is in the child’s best interests and consistent with the child’s health and safety; the order may specify the conditions under which visitation may be suspended. A court may not delegate its judicial function of awarding visitation to the child’s guardian. Here, the order delegated the court’s judicial function to the guardian because it unilaterally allows the guardian to modify the visitation based upon the guardian’s concerns. The order stated that visits shall occur so long as there is no concern the mother is using drugs and may be supervised or suspended if there is concern the mother is using drugs or there is discord between the mother and father during the visits. Emphasis in original.

Abuse, Neglect, Dependency
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