In re: J.M.
40 Cal.App.5th 913
N.C. Ct. App.2020Background
- WCHS filed a juvenile petition on 15 January 2016 removing Mother’s four young children (including infant Jane) for neglect after safety plans and reports of domestic violence and sexual-abuse-related restrictions failed. Children remained in WCHS custody and were adjudicated neglected.
- Over ~3 years the court ordered a family services plan (housing, employment, parenting and domestic-violence evaluations, counseling, visitation). Mother engaged in services and visitation but repeatedly demonstrated poor supervision and decision-making.
- Visits at times regressed from unsupervised back to supervised; staff reported incidents including hitting a child with a broom and excessive phone use during visits. Jane became strongly attached to her foster parents.
- On 16 January 2019 the district court awarded guardianship of Jane to the foster parents, found Mother unfit, waived future six‑month review hearings, and ceased reunification efforts. Mother appealed.
- The Court of Appeals affirmed waiver of review hearings, the unfitness finding, and that the court verified the foster parents understood guardianship; but vacated and remanded because the trial court failed to make required written findings before ceasing reunification efforts.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (WCHS / Court below) | Held |
|---|---|---|---|
| Waiver of future six‑month review hearings | Trial court lacked evidentiary support for statutory findings required to waive reviews. | Social worker testimony and child's stable placement supported statutory factors. | Affirmed — clear, cogent, convincing evidence supported waiver. |
| Finding Mother unfit to parent | Mother argued evidence did not support unfitness and parental constitutional rights were violated. | Court relied on repeated supervisory failures, safety incidents, and insufficient sustained change. | Affirmed — findings supported by clear and convincing evidence. |
| Verification that guardians understood legal significance | Mother argued court failed to make evidentiary finding that foster parents understood legal consequences. | Foster parents expressly testified they understood guardianship duties; court found they were committed. | Affirmed — testimony sufficed to verify understanding per statute and precedent. |
| Ceasing reunification efforts without required findings | Mother argued court failed to make required written findings under § 7B‑906.2(d). | Court made only limited findings and conceded omissions. | Vacated and remanded — trial court must make written findings on each statutory factor before ceasing reunification. |
Key Cases Cited
- Price v. Howard, 346 N.C. 68, 484 S.E.2d 528 (1997) (parental constitutional interest and when it may be lost)
- David N. v. Jason N., 359 N.C. 303, 608 S.E.2d 751 (2005) (ways a parent can lose constitutional custody rights)
- Adams v. Tessener, 354 N.C. 57, 550 S.E.2d 499 (2001) (standard that unfitness findings must be supported by clear and convincing evidence)
- In re D.A., 258 N.C. App. 247, 811 S.E.2d 729 (2018) (requirements for findings when court ceases reunification efforts)
- In re J.E., 182 N.C. App. 612, 643 S.E.2d 70 (2007) (verification of guardian's understanding need not be a specific formula if evidence shows understanding)
- In re L.M., 238 N.C. App. 345, 767 S.E.2d 430 (2014) (sufficiency of evidence that guardians understand legal significance)
- In re C.M., 183 N.C. App. 207, 644 S.E.2d 588 (2007) (standards of review for orders ceasing reunification efforts)