In re J.L., ___ N.C. App. ___, 826 S.E.2d 258 (2019)

Held: 
Affirmed in Part
Vacated and Remanded in Part
  • Parent’s Constitutional Rights & Clear and Convincing Standard. When considering whether to award custody or guardianship to a nonparent, the court must address whether the parent is unfit or acted inconsistently with her constitutionally protected status as a parent. That determination must be made by clear and convincing evidence and failure to indicate that standard was applied is error. Neither the permanency planning order nor transcript of the hearing indicate that the standard was applied. Remanded for findings.
Category:
Abuse, Neglect, Dependency
Stage:
Disposition (All Stages Post-Adjudication)
Topic:
Parent’s Rights
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