In re J.C., 368 N.C. 89 (2015)

When a parent is ordered to pay for the cost of supervised visitation, the court must make findings that the parent has the ability to pay. Without those findings, there can be no meaningful appellate review.

• Author’s Note:  The COA held in In re J.C., ___ N.C. App. ___, 760 S.E.2d 778 (2014) that G.S. 7B-905.1 (the visitation statute) requires the court to order conditions of visitation, which allows the court to order that a parent pay the cost of supervised visitation, but the statute does not require the court to make a finding regarding the parent’s ability to pay. However, there was a dissent that reasoned the juvenile court must consider a parent’s ability to pay. The NC Supreme Court’s reversal of the court of appeals decision that affirmed the trial court's adjudication and disposition and order of remand appears to hold the juvenile court may order a parent to pay the cost of supervised visitation, but it must consider the parent’s ability to pay before doing so.