In re B.P., 257 N.C. App. 424 (2018)

Held: 
Vacated and Remanded
  • Findings related to alternative placement of child made by mother do not support adjudication of dependency.
    • Evidence and findings show that before DSS was involved, respondent mother placed the child with caretakers, and the child remained in their care at the time the petition was filed. The caretakers were found by both DSS and the trial court to be appropriate.
    • Dependency requires findings of both prongs of G.S. 7B-101(9): (1)the parent’s inability to provide care or supervision and (2) the availability to the parent of alternative child care arrangements. The second prong was not satisfied. A parent has an alternative caregiver arrangement when the parent takes some action to identify the arrangements;  “it is not enough that the parent merely goes along with a plan created by DSS”. In re L.H., 210 N.H. App. 355, 366 (2011). Here, it is undisputed respondent made the placement and did not merely acquiesce to DSS’s plan.
Category:
Abuse, Neglect, Dependency
Stage:
Adjudication
Topic:
Dependency
Tags:
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7B-101(9)
alternative child care
findings of fact