In re D.L.W., 368 N.C. 835 (2016)

Held: 
Reversed
  • Pursuant to G.S. 7B-904(d1)(3), the trial court in an A/N/D action has the authority to order a parent to “take appropriate steps to remedy conditions in the home that led to or contributed to the juvenile’s adjudication or to the court’s decision to remove custody of the children from the parent, guardian, custodian, or caretaker.” The children’s adjudication and removal in the underlying A/N/D action were based on domestic violence, a lack of consistent and adequate housing, and the parent’s inability to meet the children’s needs. Based on the court’s findings that the parents failed to appropriately budget funds, which resulted in continued instability, it was appropriate for the court order the respondent mother to create a budgeting plan.
    • Author's Note: This case is a termination of parental rights but addresses the court's authority to order the parent to take certain actions to correct the conditions that led to the children's removal and adjudication in the underlying neglect case. 
Category:
Abuse, Neglect, Dependency
Stage:
Disposition (All Stages Post-Adjudication)
Topic:
Court Authority to Order Case Plan
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