In re K.B., 249 N.C. App. 263 (2016) (originally unpublished but subsequently published)

Vacated and Remanded
  • G.S. 7B-600 and -906.1(j) requires the court verify that a proposed guardian understand the legal significance of the guardianship and has adequate resources to appropriately care for the child. The verification does not require specific findings but there must be competent evidence in the record to support the findings the court does make as part of the verification requirements. A court cannot make a determination of a proposed guardian’s adequacy of resources without evidence of the resources.
  • Here, the evidence was not sufficient to support the court’s determination that the proposed guardian’s resources were adequate. There was evidence of the proposed guardian’s source of household income (her husband worked and she received disability) but no evidence of the amount of the household income. There was evidence that the guardian lived in a 4 bedroom house and that the children’s placement with her was approved through the Intestate Compact for Children’s Placement (ICPC) process, but there was no evidence of the value of the home, amount of any mortgage, debt, or monthly expenses.  
Abuse, Neglect, Dependency
Disposition (All Stages Post-Adjudication)
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