In re L.G., ___ N.C. App. ___ (Nov. 17, 2020)

Held: 
Remanded
  • Facts: The juvenile was adjudicated abused and neglected based on circumstances involving her parents’ substance use and housing instability. Mother did not appear at the last permanency planning hearing due to her enrolling in an inpatient substance abuse treatment facility immediately before the hearing. Mother was represented by her attorney, who made an oral motion to continue, which the court denied. After hearing, the court entered a permanency planning order (PPO) that established a primary permanent plan of guardianship and secondary plan of reunification. A second order, a guardianship order, was entered. Mother appeals.
  • G.S. 7B-906.1(e) requires the court to make certain findings about whether it is possible for the juvenile to be placed with the parent within the next 6 months and if not, why that placement is not in the child’s best interests before the court may order a guardianship. The possibility of the juvenile’s placement with either parent within the next 6 months is not addressed in the PPO although there are several findings that could support a conclusion that it was not possible for the child to be placed with either parent. Remanded for the trial court to consider the issue and the make appropriate finding under G.S. 7B-906.1(e)(1).
Category:
Abuse, Neglect, Dependency
Stage:
Disposition (All Stages Post-Adjudication)
Topic:
Findings
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