In re J.T.S., 268 N.C. App. 61 (2019)

Affirmed in Part; Vacated in Part; and Remanded
  • Facts: The trial court ordered weekly supervised visitation but made no findings about the costs of supervised visitation. Respondent mother appeals.
  • The court erred in ordering supervised visitation without addressing costs; who would pay; and if the respondent mother, her mother’s ability to pay those costs. See In re J.C., 368 N.C. 89 (2015); In re Y.I., 822 S.E.2d 501 (2018).
  • Appellate preservation:
    • To preserve the issue of costs associated with supervised visitation for appellate review, the respondent is not required to object at the hearing. The costs were neither discussed or consented to at the hearing.
    • Respondent agreed to conditions that were recommended by DSS that addressed the terms of visitation (e.g., obtain assessments and treatment, submit to drug screens, not miss visits). These terms were provided in writing, read by a social worker in court, and addressed by the court with respondent’s attorney. Respondent did not properly preserve the issue for appellate review.
Abuse, Neglect, Dependency
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