In re B.E., ___ N.C. App. ___ (November 5, 2024)

Held: 
Dismissed
  • Facts: Mother appeals neglect adjudication and disposition orders for her six children. At the end of the dispositional orders ordering custody to the children’s respective fathers, the trial court noted the cases should be transferred to a Chapter 50 proceeding but retained jurisdiction “[u]ntil [the case] is converted into a Chapter 50 custody order[.]” Sl. Op. at 7. Mother argues the trial court erred by transferring the cases to Chapter 50 actions without making required written findings under G.S. 7B-911(c).
  • Whether a trial court followed a statutory mandate is a question of law reviewed de novo.
  • G.S. 7B-911(c) allows a court to terminate jurisdiction in a juvenile proceeding and transfer the case to a Chapter 50 civil action by making statutorily required findings of fact, including whether there is a continued need for State intervention on the juvenile’s behalf through juvenile court. The court of appeals has held that this statutory requirement “applies only when a trial court enters a civil custody order under [G.S. 7B-911(c)] and terminates the court’s jurisdiction in a juvenile proceeding.” Sl. Op. at 13 (citations omitted) (emphasis in original).
  • Mother does not appeal from a civil custody order for which G.S. 7B-911(c) applies. The plain language of G.S. 7B-911(c) requires the court to make necessary findings when entering a Chapter 50 order and here, the court did not terminate jurisdiction or enter a Chapter 50 custody order. Mother’s assignment of error is dismissed.
Category:
Abuse, Neglect, Dependency
Stage:
Terminate Jurisdiction
Topic:
G.S. 7B-911
Tags:
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7B-911