IN THE MATTER OF TS

Court of Appeals of North Carolina

IN THE MATTER OF TS

606 S.E.2d 406, 167 N.C. App. 804, 2005 N.C. App. LEXIS 13

CourtCourt of Appeals of North Carolina

DecidedJanuary 4, 2005

DocketNo. COA04-61.

StatusPublished

This text of 606 S.E.2d 406 (IN THE MATTER OF TS) 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.

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IN THE MATTER OF TS, 606 S.E.2d 406, 167 N.C. App. 804, 2005 N.C. App. LEXIS 13 (N.C. Ct. App. 2005).

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Opinion

HUNTER, Judge.

E.M., the biological mother of T.S., S.M., and T.M., presents the following pertinent issue for our consideration: Whether the trial court has subject matter jurisdiction to conduct a permanency planning review while the appeal of adjudication and disposition orders finding the children neglected and dependent are pending before this Court. N.C. Gen.Stat. § 7B-907(a) (2003) provides in pertinent part:

*407
In any case where custody is removed from a parent, ... the judge shall conduct a review hearing designated as a permanency planning hearing within 12 months after the date of the initial order removing custody....

Id. In this case, the orders adjudicating T.S. and S.M. neglected, and T.M. neglected and dependent, have been remanded for the entry of adequate findings of fact and conclusions of law. As this Court has determined the underlying adjudication orders did not properly determine the minor children to be neglected or dependent, the permanency planning order must be vacated. See In re T.S., 163 N.C.App. 783, 595 S.E.2d 239 (2004) (unpublished) and In re T.M.M., ___ N.C.App. ___, ___ S.E.2d ___ (No. COA04-17 filed 4 January 2005).

Vacated.

Judges WYNN and THORNBURG concur.

Judge THORNBURG concurred in this opinion prior to 31 December 2004.

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HUNTER, Judge.

E.M., the biological mother of T.S., S.M., and T.M., presents the following pertinent issue for our consideration: Whether the trial court has subject matter jurisdiction to conduct a permanency planning review while the appeal of adjudication and disposition orders finding the children neglected and dependent are pending before this Court. N.C. Gen.Stat. § 7B-907(a) (2003) provides in pertinent part:

*407
In any case where custody is removed from a parent, ... the judge shall conduct a review hearing designated as a permanency planning hearing within 12 months after the date of the initial order removing custody....

Id. In this case, the orders adjudicating T.S. and S.M. neglected, and T.M. neglected and dependent, have been remanded for the entry of adequate findings of fact and conclusions of law. As this Court has determined the underlying adjudication orders did not properly determine the minor children to be neglected or dependent, the permanency planning order must be vacated. See In re T.S., 163 N.C.App. 783, 595 S.E.2d 239 (2004) (unpublished) and In re T.M.M., ___ N.C.App. ___, ___ S.E.2d ___ (No. COA04-17 filed 4 January 2005).

Vacated.

Judges WYNN and THORNBURG concur.

Judge THORNBURG concurred in this opinion prior to 31 December 2004.

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606 S.E.2d 406, 167 N.C. App. 804, 2005 N.C. App. LEXIS 13, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-ts-ncctapp-2005.

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