In re K.L., ___ N.C. App. ___, 802 S.E.2d 588 (2017)

Held: 
Reversed and remanded in part
  • Permanency planning order awarded custody to the child's adult sibling and respondent mother appealed in part on the court's conclusion that the parent acted inconsistently with her parental rights.
  • To award custody or guardianship to a non-parent, the court must address whether respondent is unfit as a parent or acted inconsistently with her parental rights, and those findings must be supported by clear and convincing evidence. The court’s conclusion that the respondent mother was unfit and acted inconsistently with her parental rights is unsupported by any finding of fact. 
Category:
Abuse, Neglect, Dependency
Stage:
Disposition (All Stages Post-Adjudication)
Topic:
Custody Order
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