In re J.A.K., ___ N.C. App. ___, 812 S.E.2d 716 (2018)

Held: 
Dismissed in part
Affirmed in Part
  • Facts: Respondent father appeals a TPR order, the prior April 2016 permanency planning order (PPO) that ceased reunification efforts with father and eliminated reunification as a concurrent permanent plan, and the October 2016 PPO that continued the April 2016 PPO.
  • G.S. 7B-1001(a) allows for appeal of a TPR order and any prior order eliminating reunification as a permanent plan under G.S. 7B-906.2(b) if all of the criteria under G.S. 7B-1001(a)(5)(a) apply. Written notice preserving the right to appeal the G.S. 7B-906.2(b) order is not required (as it was under the former G.S. 7B-507(c)). The language in G.S. 7B-1001(b) requiring notice to preserve the right to appeal be in writing is surplusage because G.S. 7B-906.2(b) does not require a notice to preserve the appeal (distinguishing it from the former G.S. 7B-507(c) which did require such notice).
    • Legislative Note: Effective January 1, 2019, G.S. 7B-1001(a)(5)a. and 7B-1001(a1)(2) are amended and require that the right to appeal be preserved in writing within 30 days after entry and service of the G.S. 7B-906.2(b) order.
  • G.S. 7B-1001 does not authorize an appeal of an order that continues the permanent plan. Respondent has no statutory right to appeal the October PPO; appeal of that order dismissed.
Category:
Abuse, Neglect, Dependency
Stage:
Cease Reunification
Topic:
Appeal
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