In re T.P.
217 N.C. App. 181
| N.C. Ct. App. | 2011Background
- DSS filed a juvenile petition alleging Travis was neglected and dependent due to respondent's unstable living conditions.
- Travis was adjudicated dependent on 16 November 2009 with legal custody retained by respondent but physical placement with maternal grandparents.
- Respondent was ordered to comply with a case plan addressing stable housing, employment, and mental health treatment.
- A 11 May 2010 review found respondent noncompliant; Travis began living with paternal grandparents on 12 June 2010 after a safety assessment and home study.
- Permanency planning on 17 August 2010 set the plan as relative placement, custody, and guardianship; DSS efforts to reunite were relieved.
- On 22 February 2011, with a 8 March 2011 order, the trial court granted legal and physical custody to paternal grandparents and waived further review per N.C. Gen. Stat. § 7B-906; respondent appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Best interests standard application | Respondent argues best interests not supported by facts. | Court must apply best interests where parent unfitness or incompatible conduct. | Best interests applied; supported by findings. |
| Support of findings 12, 21, 25 | Findings not supported by competent evidence. | Findings are supported by evidence of instability and lack of compliance. | Finding 12 rejected; 21 and 25 supported. |
| Waiver of review hearings under § 7B-906 | Waiver misapplied; requires single placement. | Placement with relatives spans maternal and paternal grandparents; criteria satisfied. | Waiver proper; order affirmed. |
| Relative placement singularity | Section 7B-906 requires one relative placement. | Relatives changed over time but remained within a relative placement; criteria met. | Court properly construed § 7B-906 to allow multiple relatives over time. |
Key Cases Cited
- In re J.C.S., 164 N.C. App. 96, 595 S.E.2d 155 (2004) (competent evidence standard for fact findings in custody)
- State v. Lloyd, 354 N.C. 76, 552 S.E.2d 596 (2001) (constitutional issues not waived absent trial objection)
- In re B.G., 197 N.C. App. 570, 677 S.E.2d 549 (2009) (best interests test in parent vs nonparent custody cases)
- Price v. Howard, 346 N.C. 68, 484 S.E.2d 528 (1997) (best interests framework for custody disputes)