Issue

Guardianship—awarded to in-state relative—before home study of out-of-state relative was completed

Summary

After adjudicating respondent-mother's three minor children as neglected and dependent, the trial court did not abuse its discretion when it awarded guardianship to the children's great aunt, who lived in North Carolina, without waiting for the completion of a home study of an alternative relative placement–the children's grandmother, who lived in Georgia–pursuant to the Interstate Compact for the Placement of Children (ICPC). Neither the ICPC nor N.C.G.S. § 7B-903(a1) require a trial court to wait for the resolution of a home study to rule out placement with an out-of-state relative if the court concludes that an in-state relative is willing and able to provide proper care and supervision and that placement with the in-state relative is in the children's best interests. Further, in this case, the trial court made findings of fact that supported awarding guardianship to the great aunt, including that she had provided the children a safe, loving, and stable home for almost three years.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →