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

Held: 
Vacated and Remanded 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.
  • The order complies with the visitation provisions set forth in G.S. 7B-905.1: the minimum length (minimum of one hour each visit), frequency (twice per month), and whether the visits shall be supervised (occur at supervised visitation center). However, the order does not addresses what costs (if any) of the supervised visitation to be held at the specified center and who is to bear the expense. It appears that respondent mother would bear the cost since DSS was relieved, but the court must first determine whether mother has an ability to pay. Visitation vacated and remanded for further findings of fact.
Category:
Abuse, Neglect, Dependency
Stage:
Visitation
Topic:
Findings
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