In re D.S., ___ N.C. App. ___, 817 S.E.2d 901 (2018)

Held: 
Vacated and Remanded
  • Respondent father appeals a permanency planning order that awards guardianship to a non-relative without first considering and rejecting his own mother (paternal grandmother) as a placement.
  • Respondent father has standing to appeal the permanency planning order. He is not asserting the interests of the relative but is asserting his own interest to have the court consider a potentially viable relative placement. Because the relative was not a party in this action with a right to appeal, this case is distinguished from In re C.A.D., 786 S.E.2d 745 (2016) which held the respondent mother was not aggrieved by the permanency planning order and lacked standing to present an argument that affected the grandparents when the grandparents were parties to the proceeding (as former custodians) and could have but did not appeal the order.
Category:
Abuse, Neglect, Dependency
Stage:
Appeal
Topic:
Standing
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