In re: H.L., 256 N.C. App. 450

Background

Child (Hannah) removed to adult half-sister after a February 24, 2016 incident in which both parents allegedly pulled at the child during an altercation; sister had acted as safety resource beginning April 2016.
Both parents submitted drug screens in April and July 2016 that tested positive for methamphetamine; parents entered a safety plan and agreed to assessments and services but did not complete recommended treatment.
DSS filed a juvenile petition (Oct. 4, 2016) alleging neglect and dependency; combined adjudication, disposition, 90-day review, and permanency planning hearing occurred Jan. 9 and Jan. 24, 2017.
Trial court’s written order adjudicated Hannah neglected and dependent, awarded guardianship to the adult sister, relieved DSS of reunification efforts, and set visitation; father appealed.
Court of Appeals: affirmed neglect adjudication, reversed dependency adjudication (insufficient findings), affirmed guardianship disposition and the court’s finding that reunification efforts would be unsuccessful, and remanded to reconcile inconsistent visitation findings.

Issues

Issue	Father’s argument	DSS/Guardian’s argument	Held
Whether child was properly adjudicated neglected	Father: findings largely copied from petition and some factual assertions unsupported; no evidence child was at risk from parents’ drug use	DSS: testimony and drug-screen results support findings that parents’ substance abuse and the February incident justified neglect adjudication	Court: Adjudication of neglect affirmed — supported by evidence of altercation, positive meth tests, safety placement, and failure to remedy conditions
Whether child was properly adjudicated dependent	Father: trial court lacked findings showing parents unable to provide care or lack of alternative care	DSS: dependency supported by parents’ conduct and safety placement (but court must address both statutory prongs)	Court: Dependency reversed — order lacked findings on parents’ inability to care and on unavailability of alternatives
Whether trial court could award guardianship to sister as initial disposition and relieve DSS of reunification efforts	Father: court improperly avoided statutory requirement that DSS pursue reunification before guardianship; sister not adequately verified for duties/resources	DSS: guardianship is authorized by statute; §7B-901(c) (requiring findings to relieve DSS of reunification) applies only when child is placed in DSS custody; sister understood obligations and presented evidence of resources	Court: Guardianship as initial disposition affirmed; court properly verified sister’s understanding and resources; §7B-901(c) not triggered because child not placed in DSS custody
Whether court properly set permanency plans and relief from reunification efforts	Father: relief from reunification improper because pre-petition (preventative) efforts shouldn’t be treated as failed reunification efforts	DSS: court may consider parents’ failure to comply with voluntary pre-petition case plan when assessing likelihood of success of further reunification	Court: Court may consider parents’ voluntary case-plan noncompliance; trial court’s finding that further reunification would be unsuccessful is supported and permissible; permanency planning affirmed (reunification appropriately made secondary and relief justified)

Key Cases Cited

In re Pittman, 149 N.C. App. 756 (2002) (standard for reviewing adjudication of neglect/dependency and necessity of findings)
In re C.B., 180 N.C. App. 221 (2006) (unchallenged findings binding on appeal)
In re J.W., 241 N.C. App. 44 (2015) (trial court may base findings on pleadings if record shows logical reasoning from evidence)
In re K.J.D., 203 N.C. App. 653 (2010) (consideration of changed conditions and parent fitness at time of adjudication)
In re Brim, 139 N.C. App. 733 (2000) (best interests and fitness guide neglect analysis)
In re T.M., 180 N.C. App. 539 (2006) (erroneous but unnecessary findings do not require reversal if ample other findings support adjudication)
In re B.M., 183 N.C. App. 84 (2007) (dependency requires findings on both parent’s inability to care and availability of alternatives)
In re Weiler, 158 N.C. App. 473 (2003) (dispositional orders must contain findings based on credible evidence)
In re B.W., 190 N.C. App. 328 (2008) (standard of review for dispositional orders — abuse of discretion)
In re Oghenekevebe, 123 N.C. App. 434 (1996) (trial court may assess witness demeanor but may not make unsupported factual attributions)
In re J.E., 182 N.C. App. 612 (2007) (trial court must have evidence of guardian’s resources to verify adequacy)
In re A.G.M., 241 N.C. App. 426 (2015) (distinguishes pre-petition voluntary services from court-ordered requirements in other contexts)