Issue

Full custody awarded to non-relative—statutorily required findings sufficient

Summary

Following an abuse and neglect adjudication, the district court's final permanency planning order–awarding full custody to the juvenile's foster parents (rather than placing the juvenile with a maternal grandfather) and converting the case to a civil custody proceeding–was affirmed because the written findings of fact complied with the Juvenile Code provisions cited in the mother's appeal in that: no written finding regarding placement of the juvenile with the mother within six months was required where the impossibility of such a placement was uncontested (N.C.G.S. § 7B-906.1(e)); the findings reflected the court's determination that reunification with the mother was inconsistent with the juvenile's health and safety (N.C.G.S. § 7B-906.2(b), (d)(4)); the findings, including facts in the department of social services court report incorporated by reference in the order, detailed the mother's availability to the court and the guardian ad litem (N.C.G.S. § 7B-906.2(d)(3)), as well as her participation in her case plan (N.C.G.S. § 7B-906.2(d)(2)); and the findings demonstrated the district court's consideration of the maternal grandfather as a potential placement, in conformance with the requirement of N.C.G.S. § 7B-903(a1) that it "first consider" a relative as a placement for a juvenile.

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