In Re IRC
714 S.E.2d 495
| N.C. Ct. App. | 2011Background
- DSS received a 2 September 2008 report alleging neglect and unstable housing by the mother, who left the juvenile with various residences and a stepfather in the home.
- DSS safety plans required the mother to live with the juvenile full-time and not leave the juvenile with other caregivers; deviations were noted.
- A 1 October 2008 order granted non-secure custody to DSS after concerns of the juvenile being left overnight with men.
- Adjudication in November 2008 found the juvenile neglected and dependent; the mother resided in Texas and did not attend the hearing.
- Permanency planning orders in December 2009 and March 2010 shifted to adoption, ceasing reunification, with a 60-day deadline to file for termination.
- DSS filed a motion to terminate parental rights in March 2010; the trial court terminated rights in November 2010, with a later modified order in November 2010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of 7B-507(b)(1) findings | DSS argues the court found futility under 7B-507(b)(1). | Mother contends the findings do not satisfy the statute. | Findings insufficient; remand required. |
| Support for cessation of reunification | DSS asserts evidence shows futility or health/safety inconsistency. | Mother asserts no sufficient linkage between facts and cessation. | Remand pending proper, specific findings. |
Key Cases Cited
- In re C.M., 183 N.C.App. 207, 644 S.E.2d 588 (2007) (findings must support conclusions; process of reasoning required)
- In re Harton, 156 N.C.App. 655, 577 S.E.2d 334 (2003) (special, ultimate findings are required for reunification decisions)
- In re Weiler, 158 N.C.App. 473, 581 S.E.2d 134 (2003) (failure to tie findings to 7B-507(b) grounds invalidates order)
- In re Everett, 161 N.C.App. 475, 588 S.E.2d 579 (2003) (reunification-futility analysis requires proper linkage of facts to statute)
- In re N.G., 186 N.C.App. 1, 650 S.E.2d 45 (2007) (reunification futility findings upheld when properly tied to 7B-507(b))
- In re S.J.M., 184 N.C.App. 42, 645 S.E.2d 798 (2007) (upheld dispositional order where findings supported law)