In re K.B., 249 N.C. App. 263 (2016) (originally unpublished but subsequently published)

Held: 
Vacated and Remanded
  • G.S. 7B-906.1 requires that after the initial permanency planning hearing, subsequent permanency planning hearings must be held at least every six months to review the progress made in finalizing the plan or make a new plan when necessary. These subsequent hearings may be waived by the court if the court finds by clear and convincing evidence each of the enumerated factors set forth in G.S. 7B-906.1(n). The court cannot waive permanency planning hearings when the statutory criteria are not satisfied.
    • Author’s note: This case involves a permanent plan appointing a guardian. G.S. 7B-906.1 criteria do not apply when a child is placed in a parent’s custody. Instead, G.S. 7B-906.1(k) relieves a court of the duty to hold periodic permanency planning hearings when custody is with a parent.  
Category:
Abuse, Neglect, Dependency
Stage:
Permanency Planning Hearing
Topic:
Waive 7B-906.1 Hearings
Tags:
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7B-906.1(n)
findings of fact
reversible error