In re K.S.D.-F., 375 N.C. 626 (2020)

  • Facts: DSS initiated a juvenile action in 2008 when it filed a petition alleging the juveniles were neglected. In 2009, the juveniles were adjudicated neglected and ultimately a permanent plan of guardianship was achieved in 2010. The court retained jurisdiction but waived further reviews. In 2016, DSS filed a motion for review due to the children being returned to their mother by the guardians. DSS obtained an order for nonsecure custody. Permanency planning hearings were conducted, and in 2018 DSS filed a motion to terminate parental rights. The TPR was granted, and respondents appeal, arguing DSS lacked standing to file the TPR and the court abused its discretion in determining TPR was in the child’s best interests.
  • Respondent’s argument that the court lacked jurisdiction to order a nonsecure custody order upon a motion for review instead of a petition because nonsecure custody provisions only apply pre-adjudication has no merit. Jurisdiction is based on the filing of a properly verified petition and extends through all stages of the action. Here the court obtained jurisdiction in 2008 when the petition was filed such that the trial court had jurisdiction to enter the nonsecure custody order in 2016 giving DSS custody. DSS had standing to file the TPR petition.
Termination of Parental Rights
Department with Custody
Click on a term below for additional case summaries tagged with the same term.