In re J.R., 2021-NCCOA-491

Held: 
Remanded in part
Affirmed in Part
  • Facts: In 2019, the juveniles were adjudicated neglected and dependent. The petition was filed after one of mother’s children died by homicide where mother and her boyfriend were charged; the charges against mother were later dismissed. Mother was ordered to comply with a case plan addressing her domestic violence, mental health, parenting, employment, and housing. At a 2020 permanency planning hearing, the court entered a guardianship order and a guardianship visitation order, placing the juveniles with their maternal grandfather and eliminating reunification as a permanent plan. The court concluded mother acted inconsistently with her constitutional rights to parent and that reunification efforts would clearly be unsuccessful or inconsistent with the children’s health and safety. Visitation was ordered to be supervised, 4 hours/month with the days and times to be agreed upon between mother and the guardian. Mother appeals.
  • Visitation orders are reviewed for an abuse of discretion. The order did not comply with G.S. 7B-905.1(c) as the frequency and length of the visits were not unambiguously stated. It is unclear if 4 hours/month is meant to be in one visit of 4 hours per month, or multiple visits of shorter length per month. The court did not abuse its discretion in giving flexibility on determining the day and time of each visit to the agreement of the guardian and mother.
Category:
Abuse, Neglect, Dependency
Stage:
Visitation
Topic:
Order
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