Permanency planning findings satisfy statutory requirements

The North Carolina Supreme Court reversed the North Carolina Court of Appeals and held that a trial court’s findings in a permanency planning order were sufficient under the Juvenile Code and controlling precedent.

The case arose from juvenile proceedings involving the Carteret County Department of Social Services and the respondent mother concerning the placement and long-term planning for two children. The trial court entered a permanency planning order under N.C. Gen. Stat. § 7B-906.2(d), which requires findings addressing matters such as the children’s best interests, the appropriateness of the permanent plan and efforts toward reunification or other placement options. The North Carolina Court of Appeals vacated the order in part, concluding the findings were inadequate.

The Supreme Court disagreed. Relying on its earlier decision in In re L.L., the court said permanency planning orders do not have to recite statutory language verbatim or employ particular “magic words” so long as the findings, read in substance, address the required considerations. The court concluded the trial court’s order did that here.

In reversing, the court emphasized that appellate review of permanency planning orders should focus on substance rather than formalistic phrasing. It also cautioned that lower courts must faithfully apply binding precedent and should not impose stricter requirements than those already established by the Supreme Court. Because the trial court’s findings adequately satisfied the statute, the court reinstated the order as it applied to the respondent mother.

The 7 page opinion is In the Matter of N.M.W. and A.N.D., Lawyers Weekly No. 010-002-26.