In re K.B., ___ N.C. ___ (May 23, 2024)
Held:
Affirmed
- Facts and procedural history: Mother appeals from the holding of the court of appeals affirming the trial court’s grant of guardianship of her three children to their great aunt prior to the completion of an ICPC home study of their grandmother, a Georgia resident. The three children were adjudicated neglected and dependent and were placed with their great aunt, a North Carolina resident, within a week of the petition’s filing. Over the three years where the court held the initial disposition and permanency planning hearings, the children’s placement continued to be with their great aunt. During this 3-year period, the court ordered an ICPC home study for the out-of-state grandmother so she could be considered for placement. Ultimately, the court granted guardianship of the children to the great aunt with whom the children had resided for years despite the ICPC home study not being completed for the grandmother.
- When a juvenile is adjudicated abused, neglected, or dependent and removal from the custody of their parents is determined to be in the child’s best interest, G.S. 7B-903(a1) requires the court place the child with a relative if the court finds the relative “is willing and able to provide proper care and supervision in a safe home” and the placement is not contrary to the best interests of the child. Sl. Op. at 8, quoting G.S. 7B-903(a1). There is “no statutory preference between different relatives, even out-of-state relatives.” Sl. Op. at 1. However, the court is required to consider whether keeping children in their community of residence is in their best interest. G.S. 7B-903(a1) requires that placement of children with relatives outside of North Carolina comply with the requirements of the Interstate Compact on the Placement of Children (ICPC), including completion of a home study by the receiving state approving the placement before a child can be placed with an out-of-state relative. The supreme court addresses prior court of appeals opinions and “make[s] clear that the ICPC does apply to an order granting guardianship to out-of-state grandparents.” Sl. Op. at 12. See In re J.D.M.-J., 260 N.C. App. 56 (2018) and cases cited therein.
- The court notes that a timely evaluation of potential placements is “critical to expedite the permanency and stability for a child and to provide the court with the thorough information needed to evaluate whether the placement is in the best interest of the child.” Sl. Op. at 2. DSS was ordered to complete an ICPC home study and failed to timely do so. The trial court has discretion to hold parties accountable, including “requiring DSS to show cause for repeatedly ignoring a court order.” Sl. Op. at 10.
- The determination of a child’s best interests and ultimate placement decision lies with the trial court, notwithstanding the recommendations of DSS. “[W]hen a trial court considers a dispositional decision between relatives, that court is not required to wait on a completed ICPC home study to rule out an out-of-state relative when the trial court determines that an in-state relative can provide proper care and supervision in a safe home and the court is able to determine it is in the best interest of the child to be placed with that in-state relative before completion of that home study.” Sl. Op. at 13. “The analysis of whether the trial court erred in placing a child with an in-state relative before the completion of a home study on an alternative relative is performed under an abuse of discretion standard of review.” Sl. Op. at 7.
- The trial court’s discretionary decision to place the children with their great aunt prior to the completion of the ordered ICPC home study was not an abuse of discretion. The trial court’s findings regarding the great aunt’s ability to care for and support the children support the court’s conclusion that guardianship with the great aunt is in the best interest of the children. Findings include that the children had lived with the great aunt for three years and bonded with her; great aunt provided a safe, loving and stable home for the children; great aunt supported the children’s educational and developmental needs; and great aunt had supported the children during that time with the help of family. Findings also show that the grandmother had not formed a bond with the children due to infrequent contact, and grandmother already had three other minor children living in the home.
Category:
Abuse, Neglect, DependencyStage:
Disposition (All Stages Post-Adjudication)Topic:
Relative Placement