On December 13, 2024, the NC Supreme Court published In re L.L., an appeal of a permanency planning order (PPO) that awarded custody to a non-parent. In the PPO, the court awarded permanent custody to the child’s foster parents rather than the child’s maternal grandfather. In achieving this permanent plan, the court eliminated reunification with the child’s mother as a permanent plan. The issues for appeal focused on whether the trial court made the necessary statutory findings for placement with a non-relative and for eliminating reunification as a permanent plan. The Court of Appeals held the required findings were not made. See 291 N.C. App. 402 (2023) (unpublished). The Supreme Court reversed the Court of Appeals and addressed what findings are required for both non-relative placement and the elimination of reunification as a permanent plan. The answer may surprise you and will have an impact on court orders moving forward. Continue Reading
Archive
Tag: abuse neglect and dependency
-
-
N.C. Supreme Court Clarifies When and How to Preserve Parents’ Constitutionally Protected Rights for an A/N/D Appeal
Five-year-old Katy* has experienced a lot in her young life. As a baby in her mother’s care, Katy was exposed to substance use and domestic violence, leading to a county department of social services (DSS) petition alleging Katy was neglected. DSS and Katy’s parents established a safety plan for her to live with her father. Katy was later adjudicated neglected. At initial disposition, the trial court was asked for the first time to consider removing Katy from her father, who was not the subject of allegations in the petition, based on concerns over his criminal history. The trial court agreed with DSS, granting temporary custody of Katy to paternal relatives. In re K.C., __ N.C. __ (Dec. 13, 2024).
The initial disposition order included that both of Katy’s parents acted inconsistent with their constitutional rights as parents. Sl.Op. at 5. The father appealed, arguing that the court erred by drawing this conclusion without receiving evidence and without discussion from any party on the issue. Applying a de novo review of this conclusion of law, a divided Court of Appeals panel agreed, vacated the disposition order, and remanded the case for further proceedings. Id. Our Supreme Court granted DSS’ petition for discretionary review and raised the issue of whether the father had preserved the constitutional claims for appeal – which the Court held he had not. Sl.Op. 6-7. Read on to learn what it means for parents and their attorneys.
-
Initial Disposition and the Responsibility of DSS to Provide Reunification Efforts in A/N/D Cases
When children are removed from their home through a court order in an abuse, neglect, or dependency (A/N/D) action, a county department of social services (DSS) is required to provide reasonable efforts for reunification. See G.S. 7B-507(a)(2); 7B-903(a3). “Reasonable efforts” are defined in part as “[t]he diligent use of preventive or reunification services by a department of social services when a juvenile’s remaining at home or returning home is consistent with achieving a safe, permanent home for the juvenile within a reasonable period of time” G.S. 7B-101(18). “Return home or reunification” is defined as the “[p]lacement of the juvenile in the home of either parent or placement of the juvenile in the home of a guardian or custodian from whose home the child was removed by court order.” G.S. 7B-101(18c). This means reasonable efforts for reunification (sometimes referred to as “reunification efforts”) must occur for both parents and if there is a guardian or custodian from whom the child was removed, that guardian or custodian as well. However, the Juvenile Code (G.S. Chapter 7B) authorizes the court to relieve DSS of the obligation to provide reasonable efforts for reunification. When the court may enter such an order is limited to an initial dispositional hearing or a permanency planning hearing. The findings a court must make before relieving DSS of making reasonable efforts for reunification differs at initial disposition and permanency planning. Compare G.S. 7B-901(c) with 7B-906.2(b); see In re T.W., 250 N.C. App. 68 (2016). What is required at initial disposition? Our appellate courts have provided some guidance. Continue Reading
-
Rule 17 GALs for Respondent Parents: A Final Lesson from In re A.K.
Recently, the North Carolina Court of Appeals rendered a decision in In re A.K., __ N.C. App. __ (August 6, 2024), which touches on multiple issues relevant to juvenile abuse, neglect, dependency (AND) practitioners. (I blogged about one of those issues – a parent’s right to be represented by a retained attorney of their choosing, regardless of the attorney’s AND experience – here. My colleague Sara DePasquale published a blog about another issue: considering a family’s culture, including religion and language, in an AND proceeding.) This post will explore a third issue raised in the opinion: the appointment of a Rule 17 guardian ad litem (GAL) to an incompetent respondent parent.
-
A Second Look at In re A.K., Addressing Cultural Issues in A/N/D Cases
The North Carolina Court of Appeals in In re A.K., ___ N.C. App. ____ (Aug. 6, 2024) addressed a parent’s right to be represented by a privately retained attorney of their choosing in an abuse, neglect, and dependency (A/N/D) action. See Timothy Heinle’s post discussing that issue here. The opinion also discusses issues related to the mother’s and child’s culture – their religion and language. This post explores those aspects of the opinion. Continue Reading
-
A Respondent Parent’s Right to Retain Counsel: Lessons from a New Court of Appeals Decision, In re A.K.
A recent decision by the North Carolina Court of Appeals considers the right of a respondent parent in a juvenile abuse, neglect, or dependency (AND) proceeding to hire counsel of their own choosing and what standards, if any, a retained attorney must meet to be allowed to represent a parent. In re A.K., __ N.C. App. __ (August 6, 2024). The case also includes discussion of the procedures for appointing a Rule 17 guardian ad litem to a respondent parent – an issue I will explore in a later post. This post focuses on what the opinion in A.K. does – and does not – tell us about a parent’s right to hire counsel. Continue Reading
-
Legislative Changes in Child Welfare: The Short Session
The North Carolina General Assembly made some changes to child welfare laws during this short session. Many of these changes have taken effect and some will be effective by January 1, 2025. All the amendments are important for those of you who practice in this area to be aware of. Continue Reading
-
Medical Appointments, Consents, and Children in DSS Custody
In North Carolina, a juvenile who is the subject of an abuse, neglect, or dependency petition may be placed in the custody of a Department of Social Services (DSS). When DSS has a court order of custody, it places a child outside of the child’s home, often in a licensed foster home or in the home of a relative or other placement provider. Here at the School of Government (SOG), we are often asked whether North Carolina law authorizes foster parents (or the child’s placement providers) to consent to health services for the children in DSS custody who are placed in providers’ homes. Spoiler: the answer is “no.” If foster parents or placement providers cannot consent to medical care for the children in their home, must the person whose consent is required (e.g., a DSS caseworker) attend and give consent at every appointment for every child who is in DSS custody? This blog post, co-authored by SOG faculty Kirsten Leloudis and Sara DePasquale, addresses these questions. Continue Reading
-
The 2023 edition of the Abuse, Neglect, Dependency – TPR Manual Is Here!
My belated Valentine’s gift to you all is the 2023 edition of Abuse, Neglect, Dependency, and Termination of Parental Rights Proceedings in North Carolina, otherwise known as “the A/N/D Manual” or “the Manual.”
The 2023 edition of the Manual is now available at no charge on the SOG website, here. This edition replaces the February 2022 edition and is current through December 31, 2023 for both appellate opinions issued by the North Carolina appellate courts (most of which are published) as well as legislative changes made through that date. This updated and revised edition includes over 100 new opinions and the legislative changes impacting child welfare, including the significant changes to infant safe surrender.
Continue Reading -
When Child Abuse or Neglect Ends in a Fatality, What Does the Public Have a Right to Know?
Every year, county departments of social services investigate thousands of reports of child abuse and neglect across North Carolina. Tragically, some of those cases of abuse or neglect end in the death of a child. After one of these fatalities occurs, concerned citizens, public officials, and members of the media often have questions about the circumstances leading up to the fatality. The public often wants to understand whether a county department of social services (DSS) was involved with the child, and if so, whether more could have been done to prevent the child’s death. Though child protective services information is highly confidential, a North Carolina statute gives any member of the public a right to request and receive specific information after certain child fatalities and near fatalities. This blog post discusses the responsibilities of public agencies to disclose information under this statute, G.S. 7B-2902. Continue Reading
