In re N.K., ___ N.C. App. ___ (Oct. 20, 2020)

Held: 
Affirmed
Vacated and Remanded in Part
  • Facts: This case involves two siblings, one of whom was adjudicated abused and neglected and the other was adjudicated neglected based on mother’s preparation and dissemination of pornographic pictures of one of her sons. In its disposition order, the court ordered visitation with the mother when her and the children’s therapists recommended visitation occur and that the father’s visitation be supervised.
  • Standard of review. A dispositional order is reviewed for an abuse of discretion.
  • Visitation: G.S. 7B-905.1 requires the court to address visitation when the child has been removed from the home.
    • Regarding mother, an order denying visitation must make appropriate findings, and if visitation is ordered, the court must specify the minimum frequency and duration and whether the visits shall be supervised. The court may not delegate its authority to set a visitation as that is a judicial function. Here the court delegated its authority to allow visitation and to set the terms of that visitation to therapists (mother’s and each child’s).
    • Regarding father’s visitation, remanded to ensure the order includes provisions regarding his right to file a motion for review under G.S. 7B-905.1(d).
Category:
Abuse, Neglect, Dependency
Stage:
Visitation
Topic:
Order
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