In re P.A., 241 N.C. App. 53 (2015)
Held:
Vacated and Remanded
- G.S. 7B-600(c), and -906.1(j) require the court to verify the proposed guardian (1) understands the legal significance of the guardianship and (2) has adequate resources. These are separate inquiries. The court must make an independent determination based on competent evidence that adequate resources exist. The guardian’s own subjective testimony that she has the financial ability to support the child and provide for his needs without any further information regarding what she consider adequate or what the resources are is insufficient.
- Citing In re B.G., the court must address whether a respondent parent is unfit or has acted inconsistently with her parental rights when granting custody or guardianship to a nonparent in a permanent plan.
- Author’s Note: This case is specific to a permanency planning order and does not address a disposition that orders custody to a nonparent when it is not the child’s permanent plan.
Category:
Abuse, Neglect, DependencyStage:
Disposition (All Stages Post-Adjudication)Topic:
Guardianship