In re M.B., ___ N.C. App. ___, 800 S.E.2d 757 (2017)

Held: 
Moot
  • Facts: At a permanency planning hearing that occurred as a result of a remand by the court of appeals for the court to consider further evidence of the proposed guardian’s financial ability to care for the child, the court appointed guardianship to the paternal great-grandmother, whom the child had been living with continuously since June 2014. The court found the child and guardian lived in Ohio. Within one month of the entry of the permanency planning order, the child and guardian moved back to Durham, North Carolina. Respondent mother appealed requesting a remand for further proceedings consistent with the ICPC. The respondent mother served the guardian the notice of appeal at the guardian’s North Carolina address.
  • The guardian’s return to North Carolina renders the issue of the applicability of the ICPC and respondent mother’s appeal moot: “An issue is moot when a determination is sought on a matter, which when rendered, cannot have any practical effect on the existing controversy.”

 

Category:
Abuse, Neglect, Dependency
Stage:
Appeal
Topic:
Moot
Tags:
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