In re Q.J.P., ___ N.C. App. ___ (October 15, 2024)
Held:
Remanded
Vacated and Remanded
- Facts: Mother’s three children, each of whom have different fathers, were adjudicated neglected based on domestic violence incidents between Mother and the youngest child’s father (father) and Mother’s violations of the safety plan established with DSS. Initial permanency planning for the two older children set their primary plans as guardianship and secondary plans as reunification with their fathers (the court notes that one of the older children’s PPO has contradictory findings as to whether adoption or guardianship was identified as the child’s primary plan but, importantly, the order is clear that reunification with Mother was not included as a permanent plan). The court set the younger child’s primary plan as adoption and secondary plan as guardianship. Mother timely appealed the PPOs as to all three children, arguing that the court did not make the statutory findings required to eliminate reunification as a permanent plan.
- An appellate court reviews an order ceasing reunification efforts to determine whether the court made appropriate findings, whether the findings are based upon credible evidence, and whether the findings support the court’s conclusions. Dispositional conclusions of law are reviewed for abuse of discretion. Violations of statutory mandates involve questions of law and are reviewed de novo.
- G.S. 7B-906.2(b) requires the court to adopt concurrent plans at each permanency planning hearing which must include reunification as the primary or secondary plan unless the court makes specific written findings that reunification efforts clearly would be unsuccessful or would be inconsistent with the juvenile’s health or safety. In reaching either determination to eliminate reunification as a permanent plan, the court must make written findings as to each of the factors under G.S. 7B-906.2(d): “(1) Whether the parent is making adequate progress within a reasonable period of time under the plan[;] (2) Whether the parent is actively participating in or cooperating with the plan, the department, and the guardian ad litem for the juvenile[;] (3) Whether the parent remains available to the court, the department, and the guardian ad litem for the juvenile[;] and (4) Whether the parent is acting in a manner inconsistent with the health or safety of the juvenile.”
- The court failed to make written findings required to eliminate reunification as a permanent plan in the PPOs for the two older children. The court made no written findings that reunification efforts clearly would be unsuccessful or would be inconsistent with the juvenile’s health or safety as required by G.S. 7B-906.2(b) or written findings required by G.S. 7B-906.(d)(3) and (4).The orders as to the two older children are vacated and remanded for the district court to make those findings. The court was also instructed on remand to remedy contradictory findings regarding one of the older children’s permanent plans.
- The court properly made a written finding that reunification would be inconsistent with the youngest’s child’s health and safety under G.S. 7B-906.2(b) but failed to make a written finding regarding Mother’s availability to the court, DSS and the GAL required by G.S. 7B-906.2(d)(3). However, citing similar circumstances in In re L.R.L.B., 377 N.C. 311 (2021) (appeal of a TPR order), where the PPO does not include written findings as to the parent’s availability under G.S. 7B-906.2(d)(3) but includes findings on the ultimate issue of eliminating reunification from the permanent plan, the remedy is to remand to the district court for entry of additional findings pursuant to G.S. 7B-906.2(d)(3). “[N]o particular finding under G.S. 7B-906.2(d)(3) is required to support the [district] court’s decision.” Sl. Op. at 13, citing In re L.R.L.B., 377 N.C. at 325-36. If, on remand, the court’s findings as to Mother’s availability does not alter its ultimate finding under G.S. 7B-906.2(b), the court can amend the order to include the additional findings.
Category:
Abuse, Neglect, DependencyStage:
Cease ReunificationTopic:
Findings of Fact