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.  
  • When a child is placed in the custody of a parent or other person, G.S. 7B-911 requires the court to determine whether jurisdiction in the juvenile proceeding should be terminated and custody awarded through a G.S. Chapter 50 order. G.S 7B-911 “does not expressly require that the court make a finding as to whether jurisdiction in the juvenile proceeding should be terminated and the matter transferred to a Chapter 50 action.” Sl. Op. at 8. The findings and procedures under G.S. 7B-911(b) and (c) are required if the court chooses to terminate jurisdiction and transfer the matter to a chapter 50 custody case. Here the court did not choose to terminate its jurisdiction.
Category:
Abuse, Neglect, Dependency
Stage:
Terminate Jurisdiction
Topic:
G.S. 7B-911
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