In re J.J.L.

612 S.E.2d 404, 170 N.C. App. 368, 2005 N.C. App. LEXIS 1010
CourtCourt of Appeals of North Carolina
DecidedMay 17, 2005
DocketNo. COA04-1025.
StatusPublished

This text of 612 S.E.2d 404 (In re J.J.L.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re J.J.L., 612 S.E.2d 404, 170 N.C. App. 368, 2005 N.C. App. LEXIS 1010 (N.C. Ct. App. 2005).

Opinion

BRYANT, Judge.

E.L.1 (respondent) appeals from a permanency planning order continuing reunification efforts and adopting a concurrent plan of adoption. For the reasons herein discussed, we affirm the order of the court.

*405Facts

On or about 29 March 2000, Burke County Department of Social Services (DSS) filed petitions alleging that the three children who are the subject of this appeal were neglected. The children were thereafter adjudicated neglected.

On 29 January 2004, a permanency planning hearing was conducted in Burke County District Court with the Honorable L. Suzanne Owsley presiding. Reports from both the Guardian ad litem (GAL) and DSS recommended termination of any reunification efforts as being in the best interest of the children and that the court adopt a plan of adoption. The court found that reunification with the parents would currently not be in the best interest of the children, but because of the mother's compliance with court orders, reunification was to remain part of the concurrent plan, along with adoption. The court entered a permanency planning order adopting concurrent plans of reunification and adoption. Respondent-father appeals2.

The sole issue before this Court is the proper interpretation of N.C. Gen.Stat. § 7B-507(d); specifically, whether the provisions allowing a plan of adoption to be made concurrently with a plan of reunification conflict with the statutory requirement that a permanent placement plan "achieve a safe, permanent home for the juvenile within a reasonable time." N.C.G.S. § 7B-907(a) (2003) (emphasis added)3.

"`The primary rule of statutory construction is that the intent of the legislature controls the interpretation of the statute.'" Carolina Power & Light Co. v. City of Asheville, 358 N.C. 512, 518, 597 S.E.2d 717, 722 (2004) (citation omitted). "`The will of the legislature must be found from the plain language of the act, its legislative history and the circumstances surrounding adoption.'" Whitman v. Kiger, 139 N.C.App. 44, 46, 533 S.E.2d 807, 808 (2000) (citation omitted), aff'd, 353 N.C. 360, 543 S.E.2d 476 (2001). "If the language of the statute is clear, this Court must implement the statute according to the plain meaning of its terms." Roberts v. Young, 120 N.C.App. 720, 724, 464 S.E.2d 78, 82 (1995).

Respondent concedes in his brief that concurrent plans of reunification and adoption are authorized by N.C. Gen.Stat. § 7B-507(d) but argues that in this case, concurrent plans do not comply with the requirement of N.C. Gen.Stat. § 7B-907(a) that permanent placement be achieved within a reasonable period of time. We disagree.

N.C. Gen.Stat. § 7B-907 provides in pertinent part:

(a) ... The purpose of the permanency planning hearing shall be to develop a plan to achieve a safe, permanent home for the juvenile within a reasonable time....

...

(c) At the conclusion of the hearing, the judge shall make specific findings as to the best plan of care to achieve a safe, permanent home for the juvenile within a reasonable period of time....

If the court continues the juvenile's placement in the custody or placement responsibility of a county department of social services, the provisions of G.S. 7B-507 shall apply to any order entered under this section.

N.C.G.S. § 7B-907(a), (c) (2003) (emphasis added).

N.C. Gen.Stat. § 7B-507 provides:

(a) An order placing or continuing the placement of a juvenile in the custody or placement responsibility of a county department of social services, whether an order for continued nonsecure custody, a dispositional order, or a review order:

(1) Shall contain a finding that the juvenile's continuation in or return to the juvenile's own home would be contrary to the juvenile's best interest;

(2) Shall contain findings as to whether a county department of social services has made reasonable efforts to prevent *406or eliminate the need for placement of the juvenile, unless the court has previously determined under subsection (b) of this section that such efforts are not required or shall cease;

(3) Shall contain findings as to whether a county department of social services should continue to make reasonable efforts to prevent or eliminate the need for placement of the juvenile[.]

(d) In determining reasonable efforts to be made with respect to a juvenile and in making such reasonable efforts, the juvenile's health and safety shall be the paramount concern. Reasonable efforts to preserve or reunify families may be made concurrently with efforts to plan for the juvenile's adoption, to place the juvenile with a legal guardian, or to place the juvenile in another permanent arrangement.

N.C.G.S. § 7B-507(a),(d) (2003) (emphasis added). The plain meaning of the above statutory language provides courts with the option of implementing other permanent placement plans, including adoption, concurrently with reunification efforts. "Where the language of the statute is clear, the courts must give the statute its plain meaning." Frye Reg'l Med. Ctr., Inc. v. Hunt, 350 N.C. 39, 45, 510 S.E.2d 159, 163 (1999).

In addition, the concurrent plan of reunification and adoption as ordered in this case complies with N.C. Gen.Stat. § 7B-907(b) which states:

(b) ... At the conclusion of the hearing, if the juvenile is not returned home, the court shall consider the following criteria and make written findings regarding those that are relevant:

(1) Whether it is possible for the juvenile to be returned home immediately or within the next six months, and if not, why it is not in the juvenile's best interests to return home;

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Related

Wilson v. Wilson
153 S.E.2d 349 (Supreme Court of North Carolina, 1967)
Carolina Power & Light Co. v. City of Asheville
597 S.E.2d 717 (Supreme Court of North Carolina, 2004)
Whitman v. Kiger
533 S.E.2d 807 (Court of Appeals of North Carolina, 2000)
Roberts v. Young
464 S.E.2d 78 (Court of Appeals of North Carolina, 1995)
Matter of Montgomery
316 S.E.2d 246 (Supreme Court of North Carolina, 1984)
Frye Regional Medical Center, Inc. v. Hunt
510 S.E.2d 159 (Supreme Court of North Carolina, 1999)
Whitman v. Kiger
543 S.E.2d 476 (Supreme Court of North Carolina, 2001)

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Bluebook (online)
612 S.E.2d 404, 170 N.C. App. 368, 2005 N.C. App. LEXIS 1010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jjl-ncctapp-2005.