In re R.J.P., 284 N.C. App. 53 (2022)

Affirmed in Part
Reversed in Part
  • Facts: In 2017, when working an in-home services plan, the juvenile was placed by parents with the Palmers. Eventually, the case was closed. In 2020, a new case was opened and the juvenile was placed with the Turners. The juvenile was adjudicated neglected and continued to be placed with the Turners. As part of disposition, visitation between the juvenile and the Palmers was ordered. Due to mother’s incarceration and COVID-19 restrictions, there were no visits ordered with mother. Initially DSS and the GAL were recommending co-guardianship between the Turners and Palmers but subsequently changed their recommendation to guardianship with the Turners only, after concerns about the Palmers and the ability of the two proposed guardians to work cooperatively together arose. After a permanency planning hearing, the court ordered sole guardianship with the Turners, visits with the Palmers, and no visits with the mother. Mother appealed.
  • G.S. 7B-905.1 requires the court to address visitation that is in the juvenile’s best interests, and no visits may be ordered when the court finds the parent has forfeited their right to visitation or that visitation would be detrimental to the child’s best interests and welfare. Mother was ordered no visits while incarcerated but the court did not address visitation and whether mother had any visitation rights upon her release, which was imminent. Remanded.
Abuse, Neglect, Dependency
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