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Juvenile Law

North Carolina Court of Appeals
Uncategorized

In re: J.Q. — Trial Court Lacked Authority to Cease Reunification Efforts at Review Hearing; Permanency Planning Hearing Required

The North Carolina Court of Appeals vacated an order ceasing a mother’s reunification efforts because the trial court entered that order at a review hearing rather than a permanency planning hearing, holding that N.C.G.S. § 7B-906.1(d1) does not authorize courts to cease reunification at review hearings—that authority belongs exclusively to permanency planning hearings under § 7B-906.2(b)—while also cautioning that missed 30-day permanency planning hearing deadlines must be challenged by writ of mandamus, not appeal.

North Carolina Court of Appeals
Uncategorized

In re J.Q. — Trial Court Erred by Ceasing Reunification Efforts at Review Hearing; Only Permanency Planning Hearings Authorize That Step

The North Carolina Court of Appeals vacated a review-hearing order ceasing reunification efforts, holding that N.C.G.S. § 7B-906.2(b) reserves that power exclusively for permanency planning hearings; the trial court’s failure to schedule a permanency planning hearing within the statutory thirty-day window was an error but not prejudicial on appeal, with mandamus the proper real-time remedy.

North Carolina Court of Appeals
Uncategorized

In re: J.E.S., P.K.S., P.E.S. — Termination of Parental Rights Affirmed Where Psychological Evaluation Shows Persistent Incapacity and Prior History Predicts Future Neglect

The North Carolina Court of Appeals affirmed termination of parental rights on neglect grounds as to three children removed after a nighttime car accident left two infants with traumatic brain injuries, holding that the mother’s extensive CPS history, prior criminal conviction for a child’s death, psychological diagnosis showing parenting incapacity, and continued unsafe conduct during supervised visits established the likelihood of future neglect required by N.C. Gen. Stat. § 7B-1111(a)(1).

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