In re J.M., 276 N.C. App. 291 (2021)

Stay granted
allowed 6/9/21
Reversed and Remanded
  • THIS DECISION WAS REVERSED BY THE SUPREME COURT; see ___ N.C. ___ (June 16, 2023).
  • Facts: This opinion involves an appeal of a permanency planning order (PPO) that eliminates reunification as a permanent plan. In that order, no permanent plan was achieved and the case was continuing with further permanency planning hearings. The opinion reverses and remands the PPO for evidence not supporting the findings and the findings not supporting the conclusion to eliminate reunification. One issue raised in the appeal was that the error was committed when the trial court did not advise the parents of their right to seek review of the visitation order.
  • Visitation: Contrary to respondent’s arguments, the court is not required to advise the parents of their right to file a motion for review of the visitation plan. The court is statutorily required to conduct periodic permanency planning hearings, which requires the court to review the visitation plan. The G.S. 7B-905.1(d) requirement to advise the parties of the right to review the visitation plan “is limited to instances to instances where the trial court retains jurisdiction but is not otherwise mandated to conduct such reviews.” 276 N.C. App. at 305.
Abuse, Neglect, Dependency
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