In re J.C.-B., ___ N.C. App. ___ (March 16, 2021)

Held: 
Vacated and Remanded
  • Facts: This is the second appeal of a permanency planning order. This case started in 2017, when the juvenile was 13 years old and was adjudicated neglected and dependent due to his mother’s mental health and its impact on her parenting. He is now 17. Since the start of the case, he has been placed with his grandmother. In the first appeal, the permanent plan of custody with grandmother and transfer of the action to a Chapter 50 civil custody action pursuant to G.S. 7B-911 was vacated and remanded. While that first appeal was pending, mother and son started emailing one another and mother was ordered to not have contact with her son. On remand, the court ordered custody to grandmother, eliminated reunification as a permanent plan, and ordered no contact between mother and juvenile until recommended by the juvenile’s therapist. Mother appeals.
  • G.S. 7B-906.1(j) requires the court verify the proposed custodian’s understanding of the legal significance of the custody placement. An order without that verification must be vacated and remanded.
    • G.S. 7B-906.1(j) states that “the fact that the prospective custodian or guardian has provided stable placement for the juvenile for at least six consecutive months is evidence that the person has adequate resources.” Sl.Op. ¶30.  This evidence does not per se compel the conclusion that the custodian understands the legal significance of the placement.
Category:
Abuse, Neglect, Dependency
Stage:
Disposition (All Stages Post-Adjudication)
Topic:
Custody Order
Tags:
Click on a term below for additional case summaries tagged with the same term.