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

Held: 
Affirmed
  • G.S. 7B-906.1(e) provides that at a permanency planning hearing where the child is not placed with a parent, the court shall consider the following criteria and make written findings of those that are relevant.  The factor in (e) addresses whether guardianship or custody with a suitable person who is not the parent should be established and if so “the rights and responsibilities that should remain with the parents.”
  • There is no requirement that the court make findings that constitute individual decisions on whether a parent retains every right and responsibility that he or she had before the order granting custody or guardianship. Unless the order provides otherwise, the parent’s rights and responsibilities, apart from visitation, are lost when the child is in the custody or guardianship of another person. Respondent mother retained no rights when the order only addressed visitation, which was suspended until she showed her mental health stabilized. The order complied with G.S. 7B-906.1(e)(2).
Category:
Abuse, Neglect, Dependency
Stage:
Disposition (All Stages Post-Adjudication)
Topic:
Guardianship
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