In re A.P.W., 225 N.C. App. 534

DSS filed a 1 Apr 2010 petition alleging neglect and dependency due to homelessness, domestic violence, and untreated mental illness; DSS took nonsecure custody.
June 18, 2010 order adjudicated the juveniles dependent and maintained custody with DSS; parents ordered to comply with April 2010 case plans.
Permanency hearing on 18 May 2011 led to 21 Jun 2011 order changing the plan from reunification to adoption and directing DSS to file a TPR petition.
27 Jun 2011 DSS filed a petition to terminate parental rights on grounds including neglect, willful failure to make reasonable progress for >12 months, willful failure to pay cost of care, and abandonment; trial court later found neglect, >12 months without progress, and failure to pay, but not abandonment.
Respondent-mother appealed the 21 Jun 2011 permanency order and the 2 Apr 2012 TPR order; court held the 21 Jun 2011 order implicitly ceased reunification but lacked required findings under N.C. Gen. Stat. § 7B-507(b); case remanded for proper findings.
Notes also show a 5 Oct 2011 stay of the termination hearing and a 30 Dec 2011 order that did not cure the lack of 7B-507(b) findings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 21 June 2011 order ceased reunification efforts.	Respondent-mother argues the order implicitly ceased reunification.	DSS argues no explicit cessation finding was required.	Implicit cessation found; but lacking §7B-507(b) findings; reversed and remanded.
Whether the court failed to make required 7B-507(b) ultimate findings.	Mother contends the order lacks the ultimate findings that reunification would be futile or unsafe.	DSS contends no such explicit findings are necessary (untenable).	Ultimate §7B-507(b) findings required; order reversed and remanded for proper findings.
Whether respondent-mother properly preserved appeal from the permanency order.	Mother properly appealed the permanency order.	GAL argued no right to appeal permanency order.	Mother’s appeal properly preserved; court addressed cessation issue and termination appeal.
Whether the cessation findings are reviewable despite later orders.	The cessation was properly in the 21 Jun 2011 order.	Later orders cannot cure absence of findings.	Cessation findings required; later actions did not cure the lack; remand for proper findings.

In re J.N.S., 207 N.C. App. 670, 704 S.E.2d 511 (2010) (when termination petition is filed, cessation of reunification is implied without explicit findings)
In re Brake, 347 N.C. 339, 493 S.E.2d 418 (1997) (cessation of reunification is the natural result of a termination order; inconsistent to continue reunification goals)
In re I.R.C., In re I.R.C., N.C. App. , 714 S.E.2d 495 (2011) (reversal/remand when 7B-507(b) ultimate findings are not made)