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

Held: 
Reversed and remanded in part
Affirmed in Part
  • GS 7B-911 provides the procedures for transferring a GS 7B abuse, neglect, or dependency proceeding to a Chapter 50 civil action when DSS involvement is no longer needed and the case is properly handled as a custody dispute between private parties. Compliance with GS 7B-911 is jurisdictional, and there are several mandatory requirements on the trial court in both the Chapter 50 and 7B actions.
  • When there is not a prior civil custody action, the civil custody order entered by the 7B court must instruct the clerk to treat the order as the initiation of a civil custody action, designate the parties to the action, determine the caption for the action, make findings and conclusions supporting a Ch. 50 custody order, and make a finding that there is not a need for continued state intervention through juvenile court. The permanency planning order established the permanent plan as custody with respondent father, ordered DSS and the GAL to close their files, and relieved the attorneys of their duties, indicating the court intended to terminate jurisdiction in the juvenile proceeding.  The “custody order” returned physical and legal custody to the respondent father; made findings and conclusions supporting a Ch. 50 custody order; and although not using the exact statutory language, found that continued state intervention was no longer needed. But, the “custody order” but did not include provisions transferring jurisdiction to a Ch. 50 matter. Reverse and remand the “custody order” so that the court may enter a civil custody order and terminate juvenile court jurisdiction in compliance with 7B-911.

 

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