In re J.E.

643 S.E.2d 70, 182 N.C. App. 612, 2007 N.C. App. LEXIS 801
Court of Appeals of North Carolina·Decided April 17, 2007·No. No. COA06-1553.·Published·Cited by 31 cases

Opinions

HUNTER, Judge.

On 7 August 2000, the Mecklenburg County Department of Social Services ("DSS") filed a petition alleging that J.E. and B.E. were neglected and dependent juveniles. DSS first became involved with the children on 4 June 1999 when it received a referral concerning problems of domestic violence between the children's parents. On 3 August 1999, DSS learned that the children's father had moved to California and respondent-mother and her boyfriend were using drugs in the presence of the children. Respondent-mother was also taking the children with her to purchase drugs. After DSS became involved in the case, respondent-mother continued to abuse drugs and was unable to maintain stable employment or housing. The children then went to live with their father in California. However, shortly after their arrival, their father was arrested on drug-related charges and they went to live with their paternal aunt. The children returned to North Carolina in July 2000, at which time respondent-mother moved into a hotel room with the children. When respondent-mother ran out of money and had to leave the hotel, she placed the children with their maternal grandparents. The grandparents provided care until 7 August 2000, at which time they brought the children to DSS and stated they could not care for them because the grandmother had recently undergone heart surgery. On 1 November 2000, nunc pro tunc 19 October 2000, the children were adjudicated neglected and dependent juveniles and custody was granted to DSS. In August 2001, the children were reunified with respondent-mother, although DSS retained legal custody. On 2 May 2002, legal custody was returned to respondent-mother.

On 12 July 2005, DSS filed another petition alleging that J.E. and B.E. were neglected and dependent juveniles. DSS noted that two younger siblings were adjudicated neglected and dependent on 6 January 2005, and that J.E. and B.E. had been placed with relatives in Virginia at that time. However, DSS further stated that respondent-mother had returned to North Carolina with J.E. and B.E. in March 2005. Since that time, DSS alleged that respondent-mother had left the children alone without proper supervision and abused controlled substances. On 11 July 2005, respondent-mother left the children alone and arrived at the S.A.I.L. program. DSS alleged that she was intoxicated and needed "to be transported to Detox and then into treatment."

On 16 August 2005, the children were once again adjudicated neglected and dependent. In the adjudication order, the trial court noted that respondent-mother

refused in open court to participate in Level II of the FIRST program and the Court is not convinced that the mother is committed to completing her substance abuse treatment. The court is concerned that the mother indicated that she "would choose her children over her drug dependency," however, she has shown little incentive to do [so]. The Court reminded the mother of the time line to permanence.

The court further noted that respondent-mother had not made progress towards reunification with her other children. Nevertheless, the trial court ordered that the plan for J.E. and B.E. be reunification.

*72On 13 July 2006, the trial court held a permanency planning review hearing. The trial court noted respondent-mother's history of non-compliance and determined that it was unlikely the children would return to respondent-mother's home within the next six months. Accordingly, the trial court changed the permanent plan for the children to guardianship with a relative. Another permanency planning review hearing was held on 21 August 2006. At that hearing, the trial court placed J.E. and B.E. in the guardianship of their maternal grandparents. Respondent-mother appeals.

I.

Respondent-mother first argues that the trial court erred by placing the juveniles with their grandparents in Virginia. Respondent-mother contends that the trial court was required to follow the mandates of the Interstate Compact on the Placement of Children ("the Compact") as set forth in N.C. Gen.Stat. § 7B-3800 (2005). Specifically, respondent-mother contends that placing J.E. without a home study, and by removing custody from Mecklenburg County and closing the active case as to both children, the trial court violated the Compact. We disagree.

The Compact governs "interstate placements of children between North Carolina" and other jurisdictions that have adopted the Compact. N.C. Gen.Stat. § 7B-3800 (2005) (emphasis added). Thus, the statute only applies to those children that have been "placed" in a different jurisdiction within the meaning of the Compact. N.C. Gen.Stat. § 7B-3800. The Compact defines "placement" as

the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective, or epileptic or any institution primarily educational in character, and any hospital or other medical facility.

N.C. Gen.Stat. § 7B-3800, Art. II(d). Accordingly, this Court has held that when a trial court does not place a child "in foster care or as a preliminary to adoption" the Compact does not apply. In re Rholetter, 162 N.C.App. 653, 664, 592 S.E.2d 237, 244 (2004).

Here, the trial court granted guardianship of the juveniles to their maternal grandparents in accordance with N.C. Gen.Stat. § 7B-600 (2005) at a permanency planning review hearing conducted pursuant to N.C. Gen. Stat. § 7B-906 (2005). Under the plain language of Article II(d), the court's actions did not constitute a placement mandating compliance with the Compact because it was not in foster care or as a preliminary to adoption. See Rholetter, 162 N.C.App. at 664, 592 S.E.2d at 243-44 (granting custody of children to their biological mother in South Carolina was not a placement obligating the trial court to follow the mandates of the Compact).

The dissent argues that Rholetter is not controlling because in that case the custody of the children was given to the biological mother in South Carolina and not the grandparents. This distinction is immaterial to the outcome of this case. The holding in Rholetter was based on the statutory definition of "placement," not on the fact that the person receiving custody was a relative. There could of course be a situation where placement with an out-of-state relative would require compliance with the Compact where it serves as a preliminary to adoption. See N.C. Gen.Stat. § 7B-3800, Art. II(d).

Free access — add to your briefcase to read the full text and ask questions with AI

In re J.E., 643 S.E.2d 70, 182 N.C. App. 612, 2007 N.C. App. LEXIS 801 (N.C. Ct. App. 2007).

643 S.E.2d 70 (In re J.E.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In re: A.H.
Court of Appeals of North Carolina, 2026
In re: J.R.T.
Court of Appeals of North Carolina, 2026
In re: K.B., A.M.H., M.S.H.
Supreme Court of North Carolina, 2024
In re: K.B., A.M.H.
Court of Appeals of North Carolina, 2023
In re: J.R. & J.C.
Court of Appeals of North Carolina, 2021
In re: B.H.
Court of Appeals of North Carolina, 2021
In re: J.C-B.
Court of Appeals of North Carolina, 2021
In re: J.M.
Court of Appeals of North Carolina, 2020
In re: J.D.M-J. & O.M.L.J.
817 S.E.2d 755 (Court of Appeals of North Carolina, 2018)
In re: H.L.
807 S.E.2d 685 (Court of Appeals of North Carolina, 2017)
In re: N.H.
804 S.E.2d 841 (Court of Appeals of North Carolina, 2017)
In re C.P.
801 S.E.2d 647 (Court of Appeals of North Carolina, 2017)
In re H.S.
795 S.E.2d 831 (Court of Appeals of North Carolina, 2017)
In re T.W.
796 S.E.2d 792 (Court of Appeals of North Carolina, 2016)
In re K.B.
803 S.E.2d 628 (Court of Appeals of North Carolina, 2016)
In re E.R.
795 S.E.2d 103 (Court of Appeals of North Carolina, 2016)
In re: J.H.
780 S.E.2d 228 (Court of Appeals of North Carolina, 2015)
In re S.D.
775 S.E.2d 925 (Court of Appeals of North Carolina, 2015)
In re P.M.N
Court of Appeals of North Carolina, 2014
In re K.I.
Court of Appeals of North Carolina, 2014