In re J.M., ___ N.C. App. ___ (May 5, 2020)

Held: 
Affirmed in Part; Vacated in Part; and Remanded
  • Facts: In March 2016, four children were adjudicated neglected. Over several years, the court ordered reunification as one of the concurrent permanent plans and ordered that respondent mother comply with her case plan. In January 2019, the court entered an order of guardianship of one of the children to her foster parents and waived further review hearings. Respondent mother appeals, raising several issues.
  • Waiving further review hearings: G.S. 7B-906.1(n) allows the trial court to waive future review hearings if it finds by clear, cogent, and convincing evidence, each of the five enumerated factors. Respondent argues there was insufficient evidence to support some of the findings. Social worker testimony of mother’s inability to adequately care for the child without supervision and direction is clear, cogent, and convincing evidence for the finding that neither the juvenile’s best interests nor the best interests of any party require a review hearing every 6 months (factor (3)). The hearing transcript shows that the trial court informed all parties and their attorneys who were present that the case could be brought for a review at any time through a motion by a party or by the court (factor (4)).
Category:
Abuse, Neglect, Dependency
Stage:
Permanency Planning Hearing
Topic:
Waive 7B-906.1 Hearings
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