In re J.H., 244 N.C. App. 255 (2015)

  • The court must make independent findings that the prospective guardians have adequate financial resources to provide for the child. Findings that the prospective guardians met the child’s well-being needs, had guardianship of the child’s sibling, and that the child had no current financial or material needs are insufficient to support a finding that the prospective guardians have adequate financial resources.
  • The court must verify the guardians are aware of the legal significance of a guardianship.
  • For a permanent plan that considers custody or guardianship to a non-parent, the court must address whether the parent is unfit or has acted inconsistently with his/her parental rights.

o   Author’s Note: This case is specific to a permanency planning order and does not address a disposition that orders custody to a nonparent when it is not the child’s permanent plan.

Abuse, Neglect, Dependency
Disposition (All Stages Post-Adjudication)
Click on a term below for additional case summaries tagged with the same term.