227 N.C. App. 512
N.C. Ct. App.2013Background
- On 18 June 2012, DSS petitioned to adjudicate Lisa as neglected and dependent.
- Adjudication relied on positive morphine at birth and mother's prenatal illegal drug use; testimony and records admitted.
- Lisa required medical care (feeding tube, irregular heartbeat) and received morphine for withdrawal.
- Respondents had a pervasive DSS/Criminal Justice history and prior neglect/dependency adjudications for two other children due to prenatal drug exposure.
- Despite discussions, the court indicated the plan would be adoption; on 15 August 2012, the court adjudicated neglect, relieved DSS from reunification, and set a later permanency planning hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the adjudication order properly entered? | Respondents argue absence/defect of a consent order. | Court did not enter a consent order; but stipulations supported adjudication. | Adjudication proper under §7B-807. |
| Did the dispositional order commit to a permanent adoption plan? | Trial court intended adoption as permanent plan. | No explicit permanent plan; reunification possible later. | No permanent plan of adoption was ordered; reunification remained possible. |
| Was the cessation of DSS reunification efforts properly supported? | Court ceased reunification efforts against plan. | Court encouraged continued reunification efforts and visitation. | Arguments lack merit; record supports continued opportunity and visitation. |
| Was the visitation provision sufficiently defined? | Court should provide a detailed visitation schedule. | Court allowed supervised visitation at its discretion. | Remand to provide a minimum outline and schedule for visitation. |
Key Cases Cited
- In re Thrift, 137 N.C. App. 559 (N.C. App. 2000) (consent order requires record of agreement or writing)
- In re W.V., 204 N.C. App. 290 (N.C. App. 2010) (visitation plan must include minimum outline (time/place/conditions))