In re I.R.C.
214 N.C. App. 358
| N.C. Ct. App. | 2011Background
- DSS received a 2008 neglect/dependency report on the juvenile (approx. eight years old) alleging unstable housing and weekly living arrangements, and prior inappropriate conduct by a step relative in the home.
- Safety plans were entered in September 2008; DSS found inconsistent co-residency with the juvenile and weekend relocations, causing school lateness, and the juvenile sleeping in the same bed as a relative companion.
- DSS filed a petition and obtained non-secure custody on 1 October 2008; the adjudication on 10 November 2008 found the juvenile neglected and dependent, with mother ordered to participate in a home study and DSS to continue reunification efforts.
- Permanency planning orders (12/14/2009 and 4/4/2010) noted some service participation but ongoing noncompliance by mother; in 2010 the plan shifted from reunification toward adoption, and DSS was directed to cease reunification and file a termination petition within 60 days.
- A termination petition was filed on 4 March 2010 alleging two grounds against mother: neglect and willful failure to progress toward removing removal conditions in the 12-month standard, while father was incarcerated.
- At the August–November 2010 hearings, the trial court terminated mother’s parental rights, and in November 2010 issued a modified termination order; mother appealed the termination and the underlying permanency planning order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 4 March 2010 permanency planning order complied with 7B-507(b)(1). | DSS argues findings show futility of reunification. | Respondent mother contends the order lacked statutory, specially stated ultimate facts linking the findings to futility/health and safety. | Reversed and remanded. |
Key Cases Cited
- In re C.M., 183 N.C. App. 207 (2007) (findings must support ultimate conclusions; proper 7B-507(b) linkage)
- In re Weiler, 158 N.C. App. 473 (2003) (failure to link findings to futility invalidates disposition)
- In re Harton, 156 N.C. App. 655 (2003) (special findings required; cannot merely recite allegations)
- In re Everett, 161 N.C. App. 475 (2003) (linkage of mental deficiencies to futility of reunification required)
- In re N.G., 186 N.C. App. 1 (2007) (findings must support conclusion that reunification would be futile)