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.
  • Eliminating Reunification (Author’s Note: The opinion refers to ceasing reunification efforts):
    • The standard of review is whether the court made appropriate findings, whether the findings are based on credible evidence, whether the findings support the conclusions, and whether the trial court abused its discretion in the disposition.
    • Findings under G.S. 7B-906.2(b) and (d) are required. The order had limited findings addressing only a portion of what was required. There was no finding under G.S. 7B-906.2(d)(3) as to whether the parent remains available to the court, DSS, or child’s GAL. Remanded to make the required statutory findings.
Category:
Abuse, Neglect, Dependency
Stage:
Cease Reunification
Topic:
Findings of Fact
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