In re J.D.M.-J., ___ N.C. App. ___, 817 S.E.2d 755 (2018)

Held: 
Vacated and Remanded
  • Facts: Respondent mother appeals from a permanency planning order that awarded custody of the two children, who had been previously adjudicated neglected, to relatives (maternal aunt and uncle) who reside in Arizona. Mother also appeals the termination of the juvenile court’s jurisdiction and entry of a Chapter 50 custody order pursuant to G.S. 7B-911.
  • The trial court must make the findings required by G.S. 7B-911(c) before terminating its jurisdiction in the juvenile proceeding. Here, it is undisputed that the order contained no findings that addressed either section of G.S. 7B-911(c)(2): there was no need for continued state intervention on behalf of the child through a juvenile court proceeding, and at least 6 months have passed since the court determined placement with the relatives who are being awarded custody is the permanent plan. The findings in the order are internally inconsistent as they require DSS to remain involved with reunification efforts, placement, and care of the child while also releasing DSS from the case.

 

Category:
Abuse, Neglect, Dependency
Stage:
Terminate Jurisdiction
Topic:
G.S. 7B-911
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