In re R.G., ___ N.C. App. ___ (March 5, 2024)
Held:
Dismissed
- Facts: The juvenile was adjudicated abused and neglected based on allegations of sexual abuse by a caretaker living with Mother and the child. The court found aggravating circumstances existed at initial disposition and ordered the cessation of reunification efforts with Mother after finding Mother was aware of the allegations of sexual abuse, did not act to protect the child, and had not taken any action to change the circumstances which led to the child’s removal from the home. At the first permanency planning hearing, the court ordered the child’s primary permanent plan of guardianship and concurrent secondary plans of custody with a relative and reunification with Father. At the second permanency planning hearing, the court awarded guardianship to the maternal grandmother, with whom the child was placed starting at nonsecure custody. Mother appeals both permanency planning orders; the first for eliminated reunification and the second for ordering guardianship. Mother’s appeals were consolidated. The GAL sought to dismiss mother’s appeal of the first permanency order, arguing it is not an order that eliminates reunification because the initial dispositional order did that when it ceased reunification efforts with mother.
- G.S. 7B-1001(a)(5) allows a parent to appeal “[a]n order under G.S. 7B-906.2(b) eliminating reunification. . . as a permanent plan” for the child. Sl. Op. at 7.
- Mother has no right of appeal from the initial permanency planning order under G.S. 7B-1001(a)(5) because the order did not eliminate reunification as a permanent plan for the child. The court made findings of aggravating circumstances under G.S. 7B-901(c)(1) and ceased reunification efforts with Mother in the initial disposition order. Therefore “reunification was excluded and omitted from the permanent plans . . . beginning at disposition and was never eliminated as a permanent plan at the first permanency planning hearing.” Sl. Op. at 12. Mother had a right to appeal the adjudication and initial dispositional order under G.S. 7B-1001(a)(3). Allowing mother to appeal the initial dispositional order and first permanency planning order gives mother a second chance to appeal multiple orders raising the same argument.
- Based on statutory changes to G.S. 7B-906.2(b) made in 2019 and 2021, it is clear that the Legislature has clarified “that reunification efforts and reunification as a permanent plan are not distinct, decoupled concepts; . . . [and] that the cessation of reunification efforts also eliminates reunification as permanent plan.” Sl. Op. at 11. Contrary to the holding in In re C.P., 258 N.C. App. 241 (2018), these legislative changes do not require reunification be an initial permanent plan.
- G.S. 7B-906.2(b) authorizes reunification to be excluded as a permanent plan if findings were made under G.S. 7B-901(c) at initial disposition. G.S. 7B-901(c) authorizes a court to cease reunification efforts at initial disposition if the court makes written findings that aggravating circumstances exist. Reading G.S. 7B-906.2 and 7B-901(c) together, if findings are made under G.S. 7B-901(c) trial courts may “omit reunification from the permanent plans for the juvenile” which occurred at disposition. Sl. Op. at 12.
Category:
Abuse, Neglect, DependencyStage:
AppealTopic:
Appealable Order