In re E.M., ___ N.C. App. ___, 790 S.E.2d 863 (2016)

Held: 
Affirmed in Part

·        Changes made to the Juvenile Code by S.L. 2015-135 became effective for actions filed or pending on or after October 1, 2015. Pending is defined as remaining undecided or awaiting a decision. A permanency planning review (PPR) is pending when the PPR hearing is held before October 1, 2015 but an order is not entered until after October 1, 2015. A new statute, GS 7B-906.2 requires the court to consider certain criteria at the permanency planning hearing. The court was not required to consider in its order the new criteria that became effective after the completion of the PPR hearing where the court heard evidence regarding the permanent plan. Such a requirement would be absurd or illogical. 

Category:
Abuse, Neglect, Dependency
Stage:
Legislation
Topic:
Effective Date
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