In re J.K., ___ N.C. App. ___, 799 S.E.2d 439 (2017)

Held: 
Remanded in part
  • In an order that contained findings of fact and conclusions of law supporting custody of the child with respondent father to achieve the primary permanent plan of reunification with the respondent father, two other conclusions of law that stated returning the child to the “respondents” (plural) would be contrary to the child’s welfare were clerical errors. Clerical mistakes in an order arise from a minor mistake or oversight and not from judicial reasoning.
  • When a clerical error is discovered on appeal, remand to the trial court for correction is appropriate so that the record speaks the truth.
Category:
Abuse, Neglect, Dependency
Stage:
Disposition (All Stages Post-Adjudication)
Topic:
Findings
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