In re M.G.B., ___ N.C. App. ___ (May 7, 2024)
Held:
Affirmed
- Facts: This case involves three siblings, two of whom were adjudicated neglected and one who was adjudicated abused and neglected, based on findings that one of the children was sexually abused by their Father while in the custody of their paternal Grandmother. The children were placed in DSS custody and Grandmother was ordered monthly visitation. Findings in permanency planning orders included Grandmother denying Father’s sexual abuse of the child. Grandmother was ordered to comply with several components of her case plan, including receiving a new psychological evaluation and cooperating with the recommendations of the evaluations she received, including recommended Dialectical Behavioral Therapy (DBT). At the permanency planning hearing from which this appeal arises, Grandmother testified that she continued to believe her son had not harmed the child and that she was unable to pay for the ordered DBT therapy recommended by her psychological evaluation despite DSS offering payment assistance. Grandmother later attended two intake sessions with a therapist that determined the services were not needed based solely on information provided by Grandmother. The court found Grandmother had failed to make progress within a reasonable period of time and ordered a primary plan of adoption and secondary plan of guardianship, ceased reunification efforts with Grandmother, and eliminated reunification and visitation. Grandmother appeals. This summary discusses Grandmother’s argument that DSS did not make reasonable efforts towards reunification.
- A reviewing court must determine whether findings support the conclusion that DSS has made reasonable efforts to eliminate the need for removal.
- G.S. 7B-906.2(c) requires the court to make findings and a conclusion at each permanency planning hearing as to whether DSS’s reunification efforts were reasonable. Reasonable efforts is defined as the “diligent use of preventive or reunification services by a department of social services when a juvenile’s remaining at home or returning home is consistent with achieving a safe, permanent home for the juvenile within a reasonable period of time.” Sl. Op. at 28, quoting G.S. 7B-101(18). Reasonable efforts do not require exhaustive efforts.
- Findings support the conclusion that DSS made reasonable efforts toward reunification with Grandmother. Findings show DSS assessed the children’s needs; counseled and supported the family; met with Grandmother to develop the case plan and visitation arrangements; provided monetary assistance for the children’s care; and made referrals to services providers. Although failing to provide court-ordered visitation could impact reasonable efforts, here DSS provided the minimum visitation even though it exercised its discretion granted by the court and declined to expand visitation due to concerns of Grandmother’s behavior. The court also rejects Grandmother’s argument that DSS’s efforts to assist Grandmother in obtaining affordable DBT were insufficient, as findings show DSS contacted multiple DBT providers and offered to share the cost of services with Grandmother, which Grandmother rejected.
Category:
Abuse, Neglect, DependencyStage:
Permanency Planning HearingTopic: