In re: N.H.Â
2017 N.C. App. LEXIS 763
| N.C. Ct. App. | 2017Background
- DSS filed a juvenile petition alleging Nancy (minor) was abused/neglected due to sexual abuse by respondent's former roommates, possible parental drug use, and domestic violence. Nancy was placed with her aunt, K.P. (Ms. Parker), on April 15, 2016.
- July 2016: Nancy adjudicated abused/neglected; legal custody remained with parents but Nancy stayed in Ms. Parker's safety resource placement; respondent received weekly supervised visitation and treatment-related orders.
- September 6, 2016 permanency planning hearing: trial court set primary plan as guardianship, awarded guardianship to Ms. Parker, and respondent appealed that guardianship order.
- Statutory requirement: before appointing a guardian, court must verify the proposed guardian understands the appointment and will have adequate resources to care appropriately for the juvenile (N.C. Gen. Stat. § 7B-600(c) / § 7B-906.1(j)).
- Evidence at hearing: two GAL reports and a DSS report (not detailing Ms. Parker’s income); Ms. Parker testified under oath she worked as a school bus driver, had no other income, had been financially strained during a summer when she couldn’t work, but stated her current income covered expenses and she could save for future summers and rely on family or community resources if needed.
- Trial court found Ms. Parker understood the appointment and had adequate resources; majority affirmed on appeal, holding Ms. Parker’s sworn testimony was competent evidence supporting the finding; a concurrence stressed closeness but adherence to precedent; a dissent argued evidence showed financial strain and was insufficient to verify adequacy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court verified the guardian has "adequate resources" to care for the juvenile as required by statute | Respondent (mother) argued there was insufficient evidence of Ms. Parker's financial resources (no salary/benefit figures; reports showed financial difficulties and reliance on assistance) | Guardian (Ms. Parker) and DSS argued sworn testimony and reports provided sufficient evidence that Ms. Parker currently has income adequate to meet Nancy's needs and would rely on savings/family/community resources if needed | Majority: Affirmed — Ms. Parker's sworn testimony that she could meet Nancy's needs constituted competent evidence to satisfy the verification requirement; concurrence agreed based on precedent; dissent would vacate, finding evidence showed financial insufficiency |
Key Cases Cited
- In re R.A.H., 182 N.C. App. 52, 641 S.E.2d 404 (N.C. Ct. App.) (standard for appellate review of permanency planning order)
- In re P.A., 241 N.C. App. 53, 772 S.E.2d 240 (N.C. Ct. App.) (guardian's conclusory, unsworn statements insufficient to verify adequate resources)
- In re N.B., 240 N.C. App. 353, 771 S.E.2d 562 (N.C. Ct. App.) (reports and guardian testimony can satisfy verification if adequate)
- In re J.E., 182 N.C. App. 612, 643 S.E.2d 70 (N.C. Ct. App.) (home study / DSS conclusion regarding guardians' income can constitute adequate evidence)