In re A.C., ___ N.C. App. ___ (April 1, 2026)

Held: 
Vacated and Remanded
There is a dissent
in part by Tyson, J.
  • Facts: The child at issue was adjudicated neglected. At disposition, custody was awarded to the child’s paternal grandparents. A subsequent permanency planning order eliminated reunification with Mother, awarded custody to the child’s paternal uncle, and terminated juvenile jurisdiction. Two days later, the district court entered a custody order to the same effect. Mother appeals the permanency planning and custody orders. This summary addresses Mother’s challenges to the jurisdictional sufficiency of the custody order.
  • Issues of statutory construction and subject matter jurisdiction are reviewed de novo.
  • The juvenile court must enter a permanent order that satisfies the following statutory requirements prior to concluding juvenile jurisdiction is terminable. The trial court must (1) make findings and conclusions to support entry of a Chapter 50 custody order and (2) make findings that there is not a need for continued State intervention in the matter and “[a]t least six months have passed since the court made a determination that the juvenile’s placement with the person to whom the court is awarding custody is the permanent plan for the juvenile[.]” Sl. Op. at 5-6, quoting G.S. 7B-911(c). (Author’s note: there are exceptions to the time period for custody awarded to a parent or a person the child was living with when the juvenile petition was filed).
  • The PPO did not comply with G.S. 7B-911 and the resulting custody order was entered without jurisdiction. G.S. 7B-911 establishes the procedure that must be followed, and requires the juvenile court enter a permanent order before it terminates its jurisdiction in the juvenile action. The PPO terminating juvenile jurisdiction was entered before six months had passed since the child’s placement with her uncle and therefore did not meet the statutory requirements of G.S. 7B-911(c)(2) to terminate juvenile jurisdiction. The civil custody order is not supported by jurisdiction and is vacated. Jurisdiction continues with the juvenile court until jurisdiction is properly terminated under the provisions of G.S. 7B-911.  
Category:
Abuse, Neglect, Dependency
Stage:
Terminate Jurisdiction
Topic:
G.S. 7B-911
Tags:
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7B-911
terminate jurisdiction