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.
  • Verification of guardianship: Before a court may order guardianship, it must verify the person(s) being appointed understand the legal significance of the appointment. Although the court must receive evidence of these factors, there are no specific findings that are required. The testimony of both foster parents about their understanding, the social worker testimony that the foster parents understood their responsibilities, and the court’s findings that the foster parents are committed to providing for the child to and past the age of majority and are willing to be parties to the action was sufficient verification by the trial court.
Category:
Abuse, Neglect, Dependency
Stage:
Disposition (All Stages Post-Adjudication)
Topic:
Guardianship
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