In re L.M.T

The trial court entered two orders, the first of which ceased reunification efforts between Mother and her children, and the second of which terminated Mother's parental rights. Mother appealed, arguing that the trial court's cease reunification order failed to satisfy the requirements of N.C. Gen. Stat. 7B-507, which requires trial courts to make written findings of fact that further reunification efforts would be futile or inconsistent with the child's health, safety, and need for a safe, permanent home. The court of appeals reversed both orders after finding perceived deficiencies in the cease reunification order but without considering the termination of parental rights order. The Supreme Court reversed, holding (1) the trial court's written findings of fact in a permanency planning order that consider the factors in section 7B-507 need not recite the statutory language verbatim but should address the substance of the statutory requirements; (2) even if the permanency planning order is deficient standing alone, the appellate court should review that order in conjunction with the termination of parental rights order to determine whether the statutory requirements are met; and (3), in this case, both the permanency planning order and the termination of parental rights order complied with the statutory mandate. View "In re L.M.T" on Justia Law