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 See 291 N.C. App. 402 (2023) (unpublished).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: reunification
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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
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Highlights of 2017 Legislative Changes Impacting Child Welfare Practice
Since the initial publication of this post, the Governor signed H362. This post was amended on July 31, 2017 to reflect that change and reference the session law.
The 2017 Legislative Session created and amended various statutes affecting child welfare. Some of those changes are effective now and others will become effective at later dates. This post highlights those amendments that directly impact practice in abuse, neglect, dependency, or termination of parental rights actions. A more complete summary of the numerous legislative changes can be found on the School of Government website, here. Continue Reading
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Final Episode of Season 2 Beyond the Bench Podcast – Obtaining Permanency
Episode 6, “Obtaining Permanency,” for our Beyond the Bench Season 2 podcast is available now!
This episode talks about permanent outcomes for the family and child, with a discussion of two opposite outcomes: a child’s reunification with his/her parents and the child’s adoption after a termination of parental rights. Find out what happens in our remaining court case! Continue Reading