In re Y.I., ___ N.C. App. ___, 822 S.E.2d 501 (2018)

Held: 
Affirmed in Part
  • Facts: Two children were adjudicated neglected and dependent after being removed from their mother’s home. Upon learning of the children’s removal, father immediately began working with DSS. Respondent mother was ordered to comply with her case plan, and respondent father had an out-of-home services plan. At a permanency planning hearing, the court ordered custody of the children to their father, visitation with the mother at a supervised visitation center, and relieved DSS and the attorneys from the action. Respondent mother appeals.
  • Standard of Review of a permanency planning order is whether there is competent evidence in the record to support the findings and whether the findings support the conclusions of law. The court makes a best interests determination, which is reviewed for an abuse of discretion.
  • Based on the findings that (1) respondent mother has not made substantial progress to address the issues resulting in the children’s removal; (2) the father worked with DSS and made adequate progress with a reasonable period of time; and (3) after being placed with their father, the children made significant progress in their educational needs, the court did not abuse its discretion in ordering custody to the father.
Category:
Abuse, Neglect, Dependency
Stage:
Disposition (All Stages Post-Adjudication)
Topic:
Findings
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