{ "id": 8373277, "name": "IN THE MATTER OF: L.B., a Minor Child", "name_abbreviation": "In re L.B.", "decision_date": "2007-01-02", "docket_number": "No. COA06-483", "first_page": "174", "last_page": "195", "citations": [ { "type": "official", "cite": "181 N.C. App. 174" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "137 N.C. App. 504", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 11094321 ], "year": 2000, "opinion_index": -1, "case_paths": [ "/nc-app/137/0504-01" ] }, { "cite": "614 S.E.2d 489", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12633155 ], "year": 2005, "opinion_index": 0, "case_paths": [ "/se2d/614/0489-01" ] }, { "cite": "619 S.E.2d 561", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12633989 ], "year": 2005, "opinion_index": 0, "case_paths": [ "/se2d/619/0561-01" ] }, { "cite": "628 S.E.2d 760", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12635608, 12635609, 12635610 ], "weight": 2, "year": 2006, "opinion_index": 0, "case_paths": [ "/se2d/628/0760-01", "/se2d/628/0760-02", "/se2d/628/0760-03" ] }, { "cite": "615 S.E.2d 704", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12633351 ], "year": 2005, "pin_cites": [ { "page": "707", "parenthetical": "citing In re J.L.K., 165 N.C. App. 311, 598 S.E.2d 387, disc. review denied, 359 N.C. 68, 604 S.E.2d 314 (2004)" } ], "opinion_index": 0, "case_paths": [ "/se2d/615/0704-01" ] }, { "cite": "636 S.E.2d 787", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12637106 ], "weight": 2, "year": 2006, "opinion_index": 0, "case_paths": [ "/se2d/636/0787-01" ] }, { "cite": "619 S.E.2d 525", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12633985 ], "weight": 2, "year": 2005, "pin_cites": [ { "page": "529" }, { "page": "529", "parenthetical": "emphasis added" } ], "opinion_index": 0, "case_paths": [ "/se2d/619/0525-01" ] }, { "cite": "528 S.E.2d 600", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2000, "opinion_index": 0 }, { "cite": "577 S.E.2d 334", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2003, "opinion_index": 0 }, { "cite": "156 N.C. App. 655", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 9192024 ], "year": 2003, "opinion_index": 0, "case_paths": [ "/nc-app/156/0655-01" ] }, { "cite": "598 S.E.2d 658", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2004, "opinion_index": 0 }, { "cite": "165 N.C. App. 509", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8998657 ], "weight": 2, "year": 2004, "pin_cites": [ { "page": "511" } ], "opinion_index": 0, "case_paths": [ "/nc-app/165/0509-01" ] }, { "cite": "179 S.E.2d 844", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1971, "pin_cites": [ { "page": "849" } ], "opinion_index": 0 }, { "cite": "10 N.C. App. 545", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8554881 ], "year": 1971, "pin_cites": [ { "page": "552" } ], "opinion_index": 0, "case_paths": [ "/nc-app/10/0545-01" ] }, { "cite": "359 N.C. 539", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 3804066 ], "year": 2005, "opinion_index": 0, "case_paths": [ "/nc/359/0539-01" ] }, { "cite": "595 S.E.2d 155", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2004, "pin_cites": [ { "page": "161" } ], "opinion_index": 0 }, { "cite": "164 N.C. App. 96", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8895707 ], "year": 2004, "pin_cites": [ { "page": "106" } ], "opinion_index": 0, "case_paths": [ "/nc-app/164/0096-01" ] }, { "cite": "360 N.C. 476", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 3788490 ], "year": 2006, "opinion_index": 0, "case_paths": [ "/nc/360/0476-01" ] }, { "cite": "173 N.C. App. 551", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8353965 ], "year": 2005, "opinion_index": 0, "case_paths": [ "/nc-app/173/0551-01" ] }, { "cite": "360 N.C. 475", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 3794743 ], "year": 2006, "opinion_index": 0, "case_paths": [ "/nc/360/0475-01" ] }, { "cite": "604 S.E.2d 314", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2004, "opinion_index": 0 }, { "cite": "359 N.C. 68", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 3793476, 3799505, 3801974, 3800535, 3795417, 3797691, 3800412, 3797917 ], "year": 2004, "opinion_index": 0, "case_paths": [ "/nc/359/0068-03", "/nc/359/0068-04", "/nc/359/0068-05", "/nc/359/0068-08", "/nc/359/0068-02", "/nc/359/0068-01", "/nc/359/0068-07", "/nc/359/0068-06" ] }, { "cite": "598 S.E.2d 387", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2004, "opinion_index": 0 }, { "cite": "165 N.C. App. 311", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8997210 ], "year": 2004, "opinion_index": 0, "case_paths": [ "/nc-app/165/0311-01" ] }, { "cite": "171 N.C. App. 438", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8437736 ], "year": 2005, "pin_cites": [ { "page": "443", "parenthetical": "citing In re J.L.K., 165 N.C. App. 311, 598 S.E.2d 387, disc. review denied, 359 N.C. 68, 604 S.E.2d 314 (2004)" } ], "opinion_index": 0, "case_paths": [ "/nc-app/171/0438-01" ] }, { "cite": "360 N.C. 588", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 3787934 ], "weight": 2, "year": 2006, "opinion_index": 0, "case_paths": [ "/nc/360/0588-01" ] }, { "cite": "173 N.C. App. 541", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8353953 ], "year": 2005, "pin_cites": [ { "page": "546" } ], "opinion_index": 0, "case_paths": [ "/nc-app/173/0541-01" ] }, { "cite": "313 S.E.2d 193", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1984, "opinion_index": 0 }, { "cite": "67 N.C. App. 501", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8526723 ], "year": 1984, "opinion_index": 0, "case_paths": [ "/nc-app/67/0501-01" ] }, { "cite": "315 S.E.2d 703", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1984, "opinion_index": 0 }, { "cite": "310 N.C. 744", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2400561, 2399698, 2394071, 2398716, 2396287 ], "year": 1984, "opinion_index": 0, "case_paths": [ "/nc/310/0744-03", "/nc/310/0744-04", "/nc/310/0744-01", "/nc/310/0744-02", "/nc/310/0744-05" ] }, { "cite": "221 S.E.2d 350", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1976, "opinion_index": 0 }, { "cite": "289 N.C. 232", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8567721 ], "year": 1976, "opinion_index": 0, "case_paths": [ "/nc/289/0232-01" ] }, { "cite": "310 S.E.2d 25", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1983, "pin_cites": [ { "page": "28", "parenthetical": "citing State v. Hedrick, 289 N.C. 232, 221 S.E.2d 350 (1976)" } ], "opinion_index": 0 }, { "cite": "65 N.C. App. 269", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8523394 ], "year": 1983, "pin_cites": [ { "page": "274", "parenthetical": "citing State v. Hedrick, 289 N.C. 232, 221 S.E.2d 350 (1976)" } ], "opinion_index": 0, "case_paths": [ "/nc-app/65/0269-01" ] }, { "cite": "137 N.C. App. 504", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 11094321 ], "year": 2000, "opinion_index": 0, "case_paths": [ "/nc-app/137/0504-01" ] } ], "analysis": { "cardinality": 1227, "char_count": 49991, "ocr_confidence": 0.755, "pagerank": { "raw": 1.4381913488411344e-07, "percentile": 0.6526152683032872 }, "sha256": "84033123ed335c16b7482f064e6774a8dfc54cfd85bb9baa9096668920ca1044", "simhash": "1:777f96aed44cfc53", "word_count": 8195 }, "last_updated": "2023-07-14T22:19:54.793724+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges STEELMAN and GEER, concur." ], "parties": [ "IN THE MATTER OF: L.B., a Minor Child" ], "opinions": [ { "text": "STEPHENS, Judge.\nRespondent-Appellant (\u201cRespondent\u201d) is the mother of L.B., the juvenile who is the subject of this appeal. By a nonsecure custody order dated 17 August 2004, L.B. was taken into physical custody by the Wayne County Department of Social Services (\u201cDSS\u201d). The non-secure custody order was based on a juvenile petition, signed and verified on 19 August 2004, alleging that L.B. was neglected in that she \u201clives in an environment injurious to [her] welfare[,]\u201d and dependent in that her \u201cparent, guardian, or custodian is unable to provide for [her] care or supervision and lacks an appropriate alternative child care arrangement.\u201d In particular, the petition alleged, inter alia, that\nthere was a sexual offender . . . living in the home and mother lied to law enforcement to protect him. . . . During the time of DSS investigation it was learned that L.B. was being medicated by the mother with the mother\u2019s medication. After the child was seen and prescribed her [own] medication mother was using L.B.\u2019s medication as well as her own to double medicate the child. DSS has confirmed that Josh Ryan a known sex offender from Illinois has been residing in the home. According to what DSS has learned L.B. has had emotional problems since Josh has been involved with the mother. . . . L.B. indicated that she feels uncomfortable in the presence of Josh and is afraid of how he will react. L.B. states that Josh has sung sexually explicit songs in her presence and made statements to her such as \u201che is tired of being a screw buddy with her mother.\u201d\nL.B. currently lives with Steven and Doris Johnson, R.B.\u2019s paternal grandfather and paternal step-grandmother, with whom she was placed in custody by order filed 23 December 2004. On 27 October 2005, a permanency planning hearing was held before the Honorable R. Les Turner in Wayne County District Court. At that hearing, the evidence tended to show the following:\nTammy Oxendine, a foster care social worker for DSS, testified that during a previous hearing, on 8 August 2005, Respondent provided DSS with her alleged home address and a telephone number for her employer. However, when Ms. Oxendine attempted to verify this information, she learned that Respondent did not live at the address she provided, and that her employer\u2019s phone had been disconnected. Ms. Oxendine testified further that she had had contact with Respondent since the 8 August 2005 hearing, but Respondent never informed her that her address had changed or that her employer\u2019s phone had been disconnected.\nRespondent testified that she had provided DSS her current address and that she has received mail from DSS at her current residence. She also indicated that she provided DSS with her telephone contact numbers, including a number for a cellular phone. Her new residence, in which she has lived for four months, has three bedrooms, a living room, a kitchen, and a bathroom. It is a wood and brick structure and she lives in the home with her father, when he is in Wayne County. Respondent testified that R.B. and A.M. each would have their own bedroom in the house, but Respondent omitted any reference to a bedroom in the house for L.B. Respondent testified further that she works at a laundry business called the Laundry Room, and that Ms. Oxendine could not locate the business because it is in the process of relocating to Wilson County. Although the Laundry Room is changing locations, Respondent\u2019s continued employment has been confirmed by her employer. Overall, Respondent feels that she is able to care for her children.\nWith regard to visitation the testimony indicated that, during a supervised visit three weeks earlier, Respondent left before the visit could begin because, according to Respondent, \u201cMrs. Johnson would not let her have any contact with the children and . . . was embarrassing her in front of other people at the park[.]\u201d During her testimony, Ms. Oxendine explained that Mrs. Johnson would not allow the children to visit with Respondent because the court had required supervised visitation and a DSS worker had yet to arrive. More generally, Ms. Oxendine indicated that \u201c[s]ome of the visits have gone very well[;]\u201d however, there have also been occasions when L.B. has not participated. At times, L.B. has informed Ms. Oxendine that she does not want to attend and, at other times, has attended but has not interacted with Respondent. During her last two visits, L.B. has informed Ms. Oxendine that she desired to be with the Johnsons. L.B. seems bonded with the Johnsons and seems to be happy to have some stability in her life. Respondent testified that she has had sporadic visits with her children, and that her phone contact with her children has been reduced over time.\nBy previous court order, Respondent was required to complete individual therapy, attend anger management, complete a psychological evaluation, maintain stable housing, and maintain employment. By the time of the hearing, she had completed most requirements, but had failed to complete a psychological evaluation. Ms. Oxendine testified that she was recommending guardianship of the children, rather than reunification with Respondent, because Respondent had not completed a psychological evaluation and because she could not determine whether Respondent\u2019s housing situation was stable or whether she was employed.\nWith regard to the psychological evaluations, Respondent testified that, although her evaluator had difficulty acquiring information from DSS, she took a psychological test but the evaluator informed her that \u201cit wouldn\u2019t be in [her] best interest for him to submit anything.\u201d Since then, Respondent has made an appointment for a psychological evaluation with another service provider, called East-pointe, but the woman with whom she made the appointment subsequently went on maternity leave. Respondent has taken no further action to comply with the court orders on this issue since March or April 2005.\nMs. Oxendine testified further that the agency was recommending guardianship of L.B. with the Johnsons and that although they are not \u201cblood relatives\u201d to all of the children, they do not treat L.B. or A.M. differently than they treat R.B. At the end of the hearing, Judge Turner entered a. permanency planning order in which he determined that the permanent plan regarding L.B. would change from reunification with Respondent to guardianship with the Johnsons. From this order, Respondent appeals. We affirm the order in part, vacate the order in part, and remand the case to the trial court.\nAs a preliminary matter, we must address motions filed by guardian ad litem-Appellee and Respondent. On 26 June 2006, Respondent filed her \u201cMotion to Dismiss Guardian\u2019s Brief;' Motion to Strike Portions of Guardian\u2019s Brief\u2019 and, on the same day, the guardian ad litem filed a \u201cMotion to Deem Appellee GAL\u2019s Brief Timely Served[.]\u201d In support of her motion, the guardian ad litem explained that her misinterpretation of the Rules of Appellate Procedure led to her failure to timely serve her brief upon Respondent as required by rule. Respondent argues that the guardian ad litem\u2019s brief should be dismissed or stricken in part because (1) she was not timely served with the guardian ad litem\u2019s brief, (2) there has been no order appointing the guardian ad litem\u2019s attorney to appear as counsel, and (3) the guardian ad litem\u2019s brief contains an improper statement of facts.\nFirst, we address the guardian ad litem\u2019s failure to timely serve her appellate brief on Respondent. Under Rule 13 of the North Carolina Rules of Appellate Procedure,\n(a) . . . .\n(1) [w]ithin 30 days after appellant\u2019s brief has been served on an appellee, the appellee shall similarly file and serve copies of his brief.\n. . . .\n(c) If an appellee fails to file and serve his brief within the time allowed, he may not be heard in oral argument except by permission of the court.\nN.C. R. App. P. 13(a)(1); 13(c). In this case, Respondent\u2019s brief was served on the guardian ad litem, by mail, on 10 May 2006. Rule 27 of the North Carolina Rules of Appellate Procedure provides that \u201c[w]henever a party has the right to do some act or take some proceeding within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, three days shall be added to the prescribed period.\u201d N.C. R. App. P. 27(b). Therefore, under Rule 13 and Rule 27, the guardian ad litem was required to serve her brief on Respondent by 12 June 2006. The guardian ad litem\u2019s brief was timely filed in this Court, but was not served on Respondent until 26 June 2006, in clear violation of Rule 13, thus subjecting the guardian ad iiiem-appellee to appropriate sanctions. As this case, pursuant to Rule 30(f), was not scheduled for oral argument, the appropriate sanction under Rule 13 (disallowing oral argument of appellee whose brief is not timely filed and served) is not applicable. Therefore, we may only impose sanctions, including striking the brief, under Rule 25 and Rule 34.\nThis Court does not treat every violation of the Rules of Appellate Procedure with a blunt instrument that eviscerates the work of an offending attorney, and potentially harms an innocent party. Rather, we examine violations of the Rules with a cautious eye and with the objective of promoting justice. Since this case deals with guardianship of a juvenile and because Respondent did not allege that she suffered any prejudice from the minimal delay in being served with the guardian ad litem\u2019s brief, we choose not to impose sanctions upon the guardian ad litem\u2019s counsel, although we urge her to heed the Rules of Appellate Procedure. Therefore, the guardian ad litem\u2019s \u201cMotion to Deem Appellee GAL\u2019s Brief Timely Served\u201d is allowed, and Respondent\u2019s \u201cMotion to Dismiss Guardian\u2019s Brief[,]\u201d on Rule 13 grounds, is denied.\nNext, Respondent argues that because there has been no order appointing this particular attorney to appear as appellate counsel for the guardian ad litem, her brief should be dismissed. Under the North Carolina Juvenile Code,\n[w]hen in a petition a juvenile is alleged to be abused or neglected, the court shall appoint a guardian ad litem to represent the juvenile. When a juvenile is alleged \u2022 to be dependent, the court may appoint a guardian ad litem to represent the juvenile. . . . The appointment shall terminate when the permanent plan has been achieved for the juvenile and approved by the court. ... In every case where a nonattomey is appointed as a guardian ad litem, an attorney shall be appointed in the case in order to assure protection of the juvenile\u2019s legal rights throughout the proceeding.\nN.C. Gen. Stat. \u00a7 7B-601(a) (2003). In this case, by order dated 30 August 2004, Tim Finan was named the attorney advocate for the juvenile. While there is no order in the record naming the guardian ad litem\u2019s current counsel as appellate counsel, both Respondent and the guardian ad litem agree that a \u201cNotic\u00e9 of Appearance of Counsel\u201d was filed at this Court. Therefore, the guardian ad litem\u2019s attorney is properly appearing in this case, and Respondent\u2019s motion to dismiss the guardian ad litem\u2019s brief on this basis is likewise denied.\nFinally, Respondent argues that the guardian ad litem\u2019s brief should be dismissed or stricken in part because the statement of facts includes information not found by the trial court and contains misrepresentations regarding the underlying facts of this case.\nThe North Carolina Rules of Appellate Procedure require the statement of facts included in an appellate brief to contain\n[a] full and complete statement of the facts. This should be a non-argumentative summary of all material facts underlying the matter in controversy which are necessary to understand all questions presented for review, supported by references to pages in the transcript of proceedings, the record on appeal, or exhibits, as the case may be.\nN.C. R. App. P. 28(b)(5). Plainly read, this Rule does not limit a party\u2019s ability to make reference to facts, supported by the evidence but not specifically found by the trial court, to be able to provide this Court with a thorough picture of the circumstances and events that led to the appeal. Additionally, Respondent cites no authority, and our research reveals hone, which limits a party\u2019s statement of facts to those found by the trial court. Because the guardian ad litem's statement of facts is supported by both the transcript and Record on Appeal, we believe that the brief conforms to the guidelines established by Rule 28. Accordingly, Respondent\u2019s \u201cMotion to Dismiss Guardian\u2019s Brief; Motion to Strike Portions of Guardian\u2019s Brief[,]\u201d on Rule 28 grounds, is also denied.\nOn 23 August 2006, Respondent also filed a \u201cMotion to Dismiss and Strike Petitioner-Appellee DSS\u2019 [sic] Brief[.]\u201d In support of this motion, Respondent contends that because the brief submitted by DSS \u201cwas not timely filed or served, and no extension of time for filing was granted by the Court of Appeals[,]\u201d the brief should be stricken and dismissed. We are not persuaded to take this drastic action.\nRespondent\u2019s brief was served on DSS, by mail, on 10 May 2006. Therefore, under Rule 13 and Rule 27, DSS w\u00e1s required to serve its brief on Respondent by 12 June 2006. However, DSS\u2019s brief was not filed in this Court until 3 July 2006 and was not served on Respondent until 30 June 2006, in clear violation of Rule 13, thus subjecting DSS to appropriate sanctions. Once again, however, as this case was not scheduled for oral argument, the appropriate sanction under Rule 13 is not applicable. Therefore, we may only impose sanctions, including striking the brief, under Rule 25 and Rule 34.\nWhile this Court takes violations of the appellate rules very seriously, because this case- deals with guardianship of a juvenile and because Respondent did not allege that she suffered any prejudice from the delay in being served with DSS\u2019s brief, we choose not to impose sanctions upon DSS\u2019s counsel. However, we caution DSS\u2019s attorney that the proper approach would have been to move the Court for an extension of time in which to file and serve the brief or, alternatively, to move the Court to deem the brief timely filed and served. Respondent\u2019s \u201cMotion to Dismiss and Strike Petitioner-Appellee DSS\u2019 [sic] Brief[,]\u201d on Rule 13 grounds, is denied.\nIn the same motion, Respondent argues that because DSS provides and cites to an affidavit not included in the Record on Appeal, DSS\u2019s brief should be dismissed or stricken in part. We agree.\nRule 9 of the North Carolina Rules of Appellate Procedure states:\nIn appeals from the trial division of the General Court of Justice, review is solely upon the record on appeal, the verbatim transcript of proceedings, if one is designated, constituted in accordance with this Rule 9, and any items filed with the record on appeal pursuant to Rule 9(c) and 9(d). Parties may cite to any of these items in their briefs and arguments before the appellate courts.\nN.C. R. App. P. 9(a). \u201cMatters discussed in the brief outside the Record are not properly considered on appeal since the Record imports verity and binds the reviewing court.\u201d In re Norris, 65 N.C. App. 269, 274, 310 S.E.2d 25, 28 (1983) (citing State v. Hedrick, 289 N.C. 232, 221 S.E.2d 350 (1976)), cert. denied, 310 N.C. 744, 315 S.E.2d 703 (1984).\nIn this case, at the end of its brief, DSS included as an exhibit an affidavit from Jennifer Watson, a DSS social worker. Additionally, DSS cited to this affidavit in its brief. As this affidavit was not included in the' settled record, it was inappropriate, under Rule 9, for DSS to provide and then rely on this document. In its response to the motion, DSS directs our attention to Rule 28(d)(3)(a), arguing that because DSS would have been required to provide omitted portions of a transcript, it follows that DSS could provide documents omitted from the settled record. We find DSS\u2019s argument to be without merit. Rule 28(d)(3)(a) only addresses information from a transcript that must be included in an appendix; there is no reference in the rule to information omitted from the record. Moreover, we find DSS\u2019s argument unsupported by any rule of appellate procedure. Accordingly, we strike the included affidavit and all references made to the information contained in the affidavit from DSS\u2019s brief.\nWe turn our attention now to Respondent\u2019s appeal from Judge Turner\u2019s permanency planning order. Respondent first contends that the trial court was without subject matter jurisdiction to enter that order because the mandatory process for acquiring jurisdiction was not met. Specifically, Respondent argues that because the nonsecure custody order and summons were issued before the juvenile petition was signed and verified, the trial court lacked authority to enter the custody order.\nUnder North Carolina law, in juvenile proceedings, \u201c[a]n action is commenced by the filing of a petition in the clerk\u2019s office when that office is open or by the issuance of a juvenile petition by a magistrate when the clerk\u2019s office is closed, which issuance shall constitute a filing.\u201d N.C. Gen. Stat. \u00a7 7B-405 (2003). Further,\n[a]ll reports concerning a juvenile alleged to be abused, neglected, or dependent shall be referred to the director of the department of social services for screening. Thereafter, if it is determined by the director that a report should be filed as a petition, the petition shall be drawn by the director, verified before an official authorized to administer oaths, and filed by the clerk, recording the date of filing.\nN.C. Gen. Stat. \u00a7 7B-403(a) (2003). In support of her argument that the failure of DSS personnel to sign and verify the juvenile petition until after the nonsecure order was filed renders the trial court\u2019s subsequent orders invalid, Respondent directs our attention to In re Green, 67 N.C. App. 501, 313 S.E.2d 193 (1984). In Green, this Court determined that the trial court did not have subject matter jurisdiction because the juvenile petition was not signed and verified as required by the controlling statute of that time. Id. However, Green is readily distinguishable from the case that is currently before this Court. Unlike Green, where the petition was never signed and verified, in this case, on 19 August 2004, two days after the order for nonsecure custody was filed, the petition was signed and verified. Since Green is not directly on point, it does not control.\nIn In re T.R.P., 173 N.C. App. 541, 546, 619 S.E.2d 525, 529 (2005), aff\u2019d, 360 N.C. 588, 636 S.E.2d 787 (2006), this Court again vacated a juvenile order because \u201cthe Petition was neither signed nor verified by the director or an authorized representative of the director.\u201d However, the T.R.P. Court left open the possibility that DSS could take remedial action which, in turn, could provide the trial court with subject matter jurisdiction. Specifically, the T.R.P. Court stated, \u201c[a]s there is no evidence in the record suggesting later filings sufficient to invoke jurisdiction as to the review order, the trial court erred in proceeding on the matter due to lack of subject matter jurisdiction.\u201d Id. at 547, 619 S.E.2d at 529 (emphasis added).\nThe circumstance that the Green court foresaw exists here. In this case, the order for nonsecure custody was filed 17 August 2004 and summons was issued 18 August 2004. However, the juvenile petition was not signed and verified until 19 August 2004. Therefore, under N.C. Gen. Stat. \u00a7 7B-403, N.C. Gen. Stat. \u00a7 7B-405, Green, and T.R.P., the trial court did not have jurisdiction when the order for non-secure custody was filed and summons was issued. Unlike both Green and T.R.P., here the juvenile petition was eventually signed and verified by a DSS representative. Once this occurred on 19 August 2004, the trial court gained subject matter jurisdiction and could properly act on this matter from that day forward. Therefore, the trial court had authority to enter its permanency planning order. This assignment of error is overruled.\nRespondent next argues that the trial court committed reversible error by failing to conduct the permanency planning hearing within twelve months of the date of the original custody order, that is, in August, rather than October, 2005.\nIn North Carolina,\n[i]n any case where custody is removed from a parent, guardian, custodian, or caretaker, the judge shall conduct a review hearing designated as a permanency planning hearing within 12 months after the date of the initial order removing custodyf.]\nN.C. Gen. Stat. \u00a7 7B-907(a) (2005). In In re C.L.C., 171 N.C. App. 438, 443, 615 S.E.2d 704, 707 (2005) (citing In re J.L.K., 165 N.C. App. 311, 598 S.E.2d 387, disc. review denied, 359 N.C. 68, 604 S.E.2d 314 (2004)), aff\u2019d and disc. review improvidently allowed, 360 N.C. 475, 628 S.E.2d 760 (2006), this Court determined that \u201ctime limitations in the Juvenile Code are not jurisdictional . . . and do not require reversal of orders in the absence of a showing by the appellant of prejudice resulting from the time delay.\u201d More specifically, this Court has previously determined that an appellant must prove prejudice to warrant reversal for a violation of N.C. Gen. Stat. \u00a7 7B-907(e), which governs time lines for filing petitions to terminate parental rights. In re As.L.G., 173 N.C. App. 551, 619 S.E.2d 561 (2005), disc. review improvidently allowed, 360 N.C. 476, 628 S.E.2d 760 (2006). While the case currently before us involves a violation of N.C. Gen. Stat. \u00a7 7B-907(a), and not section 7B-907(e), we are persuaded by the rationale underlying the decision in As.L.G. and thus hold that, in order to warrant reversal of a trial court\u2019s permanency planning order for a violation of section 7B-907(a), an appellant must demonstrate prejudice.\nWhether a party has adequately shown prejudice is always resolved on a case-by-case basis; however, determining prejudice is not a rubric by which this Court vacates or reverses an order when, in our opinion, the order, is not in the child\u2019s best interest. Nor is prejudice, if clearly shown by a party, something to ignore solely because the remedy of reversal further exacerbates the delay.\nId. at 554, 619 S.E.2d at 564.\nIn her brief to this Court, Respondent alleges that because of the two-month delay in holding the permanency planning hearing, and because DSS did not make an adequate effort to evaluate her current living situation, she was prejudiced. In particular, Respondent argues that \u201c[h]ad the hearing been held in a timely manner, [her] home properly could have been considered and in-home visits could have been scheduled and suitable assessments made before DSS and the GAL changed their recommendations about reunification as the permanent plan.\u201d Additionally, Respondent contends that the trial judge relied on evidence gathered after the twelve-month time frame had expired to change the permanent plan. Specifically, Respondent asserts that (1) between the time the permanency planning review hearing should have been held and when it was actually held, her two younger children reversed their positions and decided that they did not want to live with Respondent, and (2) both DSS and the guardian ad litem changed their recommended plans from reunification of Respondent and her children to guardianship of the children with the Johnsons. We disagree that Respondent has thereby proved prejudice.\nWith regard to Respondent\u2019s current living situation, the evidence presented at the hearing indicated that Respondent\u2019s living arrangement had been steady for four months. Had the permanency planning hearing been held in August, as Respondent contends it should have been, Respondent\u2019s living situation would have been less stable because the hearing would have occurred during Respondent\u2019s transition from her old home to her new one. Additionally, although Respondent testified that she currently lives in a three-bedroom house and specifically mentioned having space for L.B.\u2019s siblings, she did not testify that she has a room in the house dedicated for use by L.B. This is the testimony on which Judge Turner relied when he found that \u201cin describing the home where she now lives, the mother stated that her father stayed with her when he is in Wayne County and that she had room for half-siblings of this juvenile. The mother did not mention having room or space for this juvenile [L.B.]\u201d Therefore, Respondent\u2019s argument that the delay caused her prejudice in the trial court\u2019s evaluation of her domestic situation is without merit.\nAs for Respondent\u2019s assertion that the trial judge based his decision on evidence that arose after the twelve-month time period, we likewise perceive no prejudice. Although more recent evidence was presented at the hearing, the trial court made no findings regarding L.B.\u2019s half-siblings\u2019 alleged change in their position on their permanent placement, and there was no evidence presented that the guardian ad litem or DSS changed their recommendation on L.B.\u2019s placement based on anything that occurred after the twelve-month time frame had expired. While the court included a finding that Respondent had prematurely left a scheduled visit with the juveniles three weeks before the hearing, we believe that, absent this finding, there remained ample evidence to support the trial court\u2019s determination. Therefore, in this respect as well, Respondent has not adequately demonstrated prejudice.\nRespondent further argues that the trial court failed to make sufficient findings of fact to support its permanency planning order, as required by N.C. Gen. Stat. \u00a7 7B-907(b). Specifically, Respondent contends that the trial court erred by failing to make findings on: (1) why it was not in L.B.\u2019s best interest to be returned home, (2) why guardianship with a relative or other suitable person should or should not be established, (3) whether L.B. should remain in her current placement or be placed elsewhere once the court determined that it was unlikely she would be returned home within six months, and (4) whether DSS made reasonable efforts to implement the permanent plan for L.B.\nIn permanency planning proceedings, North Carolina law requires the following:\nAt 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:\n(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\u2019s best interests to return home;\n(2) Where the juvenile\u2019s return home is unlikely within six months, whether legal guardianship or custody with a relative or some other suitable person should be established, and if so, the rights and responsibilities which should remain with the parents;\n(3) Where the juvenile\u2019s return home is unlikely within six months, whether adoption should be pursued and if so, any barriers to the juvenile\u2019s adoption;\n(4) Where the juvenile\u2019s return home is unlikely within six months, whether the juvenile should remain in the current placement or be placed in another permanent living arrangement and why;\n(5) Whether the county department of social services has since the initial permanency plan hearing made reasonable efforts to implement the permanent plan for the juvenile;\n(6) Any other criteria the court deems necessary.\nN.C. Gen. Stat. \u00a7 7B-907(b) (2005). In In re J.C.S., 164 N.C. App. 96, 106, 595 S.E.2d 155, 161 (2004), overruled on other grounds by In re R.T.W., 359 N.C. 539, 614 S.E.2d 489 (2005), superceded by statute as stated in In re T.R.P., 360 N.C. 588, 636 S.E.2d 787 (2006), this Court determined that this section of the Juvenile Code does not require a permanency planning order to contain a formal listing of the \u00a7 7B-907(b)(l)-(6) factors, \u201cas long as the trial court makes findings of fact on the relevant \u00a7 7B-907(b) factors[.]\u201d Based on our review of Judge Turner\u2019s permanency planning order, we believe that he considered all the relevant section 7B-907(b) criteria and made appropriate findings in his order regarding them. In his permanency planning order, Judge Turner made the following relevant findings of fact:\n14. That the mother has been ordered to undergo a psychological evaluation but has not done so.\n15. That the mother went to Dr. Scott Allen, but Dr. Allen did not complete the psychological evaluation although he administered some tests. The mother informed the Court that she had taken other tests. The mother called to make an appointment at Eastpointe for a psychological evaluation but. . . the person with whom she had an appointment was on maternity \u25a0 leave. The mother believes this was done in March or April of 2005, and she has not been contacted again by Eastpointe, nor has she contacted Eastpointe to see if the individual has returned from maternity leave or whether there is someone else that can conduct the evaluation.\n. . . .\n19. That in describing the home where she now lives, the mother stated that her father stayed with her when he is in Wayne County and that she had room for half-siblings of this juvenile. The mother did not mention having room or space for this juvenile.\n. . . . .\n26. That the juvenile has no interest in having visits with the mother at thistime.\n. . . .\n29. That it does not appear to the Court that the mother has conquered her anger problems.\n. . . .\n32. That the juvenile is well bonded with the current custodians who are the grandparents of one of the half-siblings of this juvenile.\n33. That Steven and Doris Johnson are fit and proper persons to have the continued custody of the juvenile and to be designated as the guardian of the juvenile.\n34. That the petitioner recommends that the permanent plan for the juvenile be changed from reunification to placement and guardianship with Steven and Doris Johnson.\n. . . .\n36. That the Johnsons have added two bedrooms to their home to ensure that the juvenile and the half-siblings of the juvenile \u25a0 have a place with them.\nThese findings are sufficient to meet the requirements under N.C. Gen. Stat. \u00a7 7B-907(b). Specifically, we hold that (1) the requirements under section 7B-907(b)(l) are met by findings of fact 14, 15, 19, 26, and 29; (2) the requirements under section 7B-907(b)(2) are met by findings of fact 32, 33, and 34; (3) the requirements under section 7B-907(b)(3) are implicitly met by findings of fact 32, 33, and 34; and (4) the requirements under section 7B-907(b)(4) are met by findings of fact 32, 33, 34, and 36.\nWith respect to Respondent\u2019s argument that the trial court erred by not making any findings under N.C. Gen. Stat. \u00a7 7B-907(b)(5), we hold that because this was the initial permanency planning hearing, there was no permanent plan with which DSS had to comply. Respondent\u2019s arguments regarding the sufficiency of the trial court\u2019s findings are without merit.\nHowever, Respondent additionally argues that the trial court erred .in the visitation decision it made, by determining \u201c[t]hat visitation between the juvenile and the mother shall be supervised by the custodians and shall be in the discretion of the custodians, but shall not be unreasonably prevented.\u201d We agree and therefore remand this case to the trial court to amend the order.\nIn In re Stancil, 10 N.C. App. 545, 552, 179 S.E.2d 844, 849 (1971), this Court held that \u201cwhen visitation rights are awarded, it is the exercise of a judicial function. We do not think that the exercise of this judicial function may be properly delegated by the court to the custodian of the child.\u201d The rationale underlying this decision is that when the discretion to provide visitation is granted to the custodian of a child, it may \u201cresult in a complete denial of the right[.]\u201d Id. Based on the direction provided by this Court in Standi, we hold that the trial court erred by leaving visitation within the discretion of the Johnsons. We thus vacate that portion of the court\u2019s permanency planning order and remand this case to the trial court to issue a new order on visitation between Respondent and L.B. consistent with this opinion and the Standi holding.\nBy her next argument. Respondent contends that the trial court erred by considering and incorporating reports and summaries from DSS and from the guardian ad litem as a finding of fact in its order. Respondent argues that the trial court included findings from DSS reports that \u201cwere patently incorrect because each DSS report was simply a template copy restating information from past reports[,]\u201d and that \u201cthe actual findings stated by the Court without the incorporated] finding[s] are insufficient under 7B-907 to cease reunification efforts and to establish guardianship.\u201d We find this argument without merit.\nIn North Carolina,\n[a]t any permanency planning review, the court shall consider information from the parent, the juvenile, the guardian, any foster parent, relative, or preadoptive parent providing care for the child, the custodian or agency with custody, the guardian ad litem, and any other person or agency which will aid it in the court\u2019s review.\nN.C. Gen. Stat. \u00a7 7B-907(b) (2005). When conducting a juvenile proceeding, the trial court is permitted to consider all materials, including written reports, that have been submitted in connection with the proceeding. In re J.S., 165 N.C. App. 509, 598 S.E.2d 658 (2004). However, \u201cthe trial court may not delegate its fact finding duty.\u201d Id. at 511, 598 S.E.2d at 660 (citing In re Harton, 156 N.C. App. 655, 577 S.E.2d 334 (2003)). Specifically, \u201cthe trial court should not broadly incorporate these written reports from outside sources as its findings of fact.\u201d J.S., 165 N.C. App. at 511, 598 S.E.2d at 660.\nIn this case, Respondent argues generally that the trial court erred by incorporating the DSS and guardian ad litem reports and that \u201c[i]t is difficult to assess how much weight the court gave in its decision and disposition to those matters . . . which were purportedly read and incorporated in the order, but which were not articulated in its order.\u201d Respondent\u2019s argument is without merit. We hold that the trial court properly incorporated DSS and guardian ad litem reports and properly made findings of fact, included in the permanency planning order, based on these reports. Moreover, these findings are sufficient to support the trial court\u2019s ultimate determination, and there is no evidence that Judge Turner relied on information from the reports that he then failed to include as a finding of fact in his order. Accordingly, this assignment of error is overruled.\nRespondent next argues that the trial court\u2019s finding \u201c[t]hat the mother of the juvenile has not complied with previous orders of the Court to keep the juvenile away from Josh Ryan\u201d was not supported by the evidence presented at the 27 October 2005 hearing and that, by relying on prior court orders, DSS reports and guardian ad litem reports, the trial court unfairly prejudiced Respondent\u2019s rights.\nIn the juvenile petition, DSS alleged that Josh Ryan, \u201ca sexual offender from another state [was] living in the home [with L.B.] and [Respondent] lied to law enforcement to protect him.\u201d The petition further alleged that \u201cL.B. indicated that she feels uncomfortable in the presence of Josh[,] . . . Josh has sung sexually explicit songs in her presence and made statements to her such as \u2018he is tired of being a screw buddy with her mother.\u2019 \u201d Respondent\u2019s relationship with Josh Ryan, and the concern expressed by DSS regarding his presence around L.B., is documented in court reports and orders contained in the record on appeal.\nAlthough Respondent is correct in her assertion that' no new evidence was presented at the hearing regarding her current relationship with Josh Ryan and his presence around L.B., we believe that this finding merely indicates that Respondent had not previously complied with court orders requiring her to eliminate contact between Josh Ryan and L.B. In its finding that Respondent failed to comply with the prior court order, the trial court simply recognized that Respondent had placed the importance of her relationship with Josh Ryan above the welfare of her child. This finding was proper and relevant to the trial court\u2019s determination.\nAdditionally, had the trial court included this finding in error, we believe that, absent this finding, there remained sufficient evidence presented through court documents in the record and by testimony at the hearing to support the trial court\u2019s ultimate determination that the permanent plan for L.B. should be a change of custody, with the Johnsons being designated her guardians. Accordingly, we find Respondent\u2019s argument without merit.\nBy her final argument, Respondent contends that the trial court abused its discretion in ordering her to undergo a psychological evaluation and erred by finding that she had not previously complied with the trial court\u2019s order directing such an evaluation.\nUnder North Carolina law,\n[a]t the dispositional hearing or a subsequent hearing the court may determine whether the best interests of the juvenile require that the parent . . . undergo psychiatric, psychological, or other treatment or counseling directed toward remediating or remedying behaviors or conditions that led to or contributed to the juvenile\u2019s adjudication or the court\u2019s decision to remove custody of the juvenile from the parent[.] If the court finds that the best interests of the juvenile require the parent. . . [to] undergo treatment, it may order that individual to comply with a plan of treatment approved by the court or condition legal custody or physical placement of the juvenile with the parent . . . upon [the parent\u2019s] compliance with the plan of treatment.\nN.C. Gen. Stat. \u00a7 7B-904(c) (2005). In In re Cogdill, 137 N.C. App. 504, 528 S.E.2d 600 (2000), this Court determined that a trial court properly ordered a parent to undergo a psychological evaluation when it was determined that the parent was aware that her daughter was being abused and did not tell the truth in court regarding the abuse.\nIn this case, in the 19 August 2004 petition, the allegations levied by DSS against Respondent included claims that Respondent was double medicating L.B. and that she placed her daughter in a compromising position by living with a sex offender, who made inappropriate comments of a sexual nature to the juvenile. Respondent then compounded this problem by lying to law enforcement to protect the sex offender. Further, during the 29 November 2004 hearing, \u201cthe mother admitted that at the time of the filing of the petition, the juvenile was a neglected and dependent juvenile and that there is a factual basis to make such a finding.\u201d Based on the serious nature of these allegations, Respondent\u2019s concession that her daughter was neglected, and this Court\u2019s holding in Cogdill, we hold that the trial court did not err in ordering Respondent to undergo a psychological evaluation.\nAdditionally, at the hearing, Respondent\u2019s own testimony supported the trial court\u2019s determination that Respondent had failed to comply with the court\u2019s previous order that she undergo a psychological or psychiatric evaluation and comply with the recommendations of the evaluator. Therefore, we overrule this assignment of error.\nAFFIRMED IN PART, VACATED IN PART, AND REMANDED.\nJudges STEELMAN and GEER, concur.\nThe judges concurred and submitted this opinion for filing prior to 31 December 2006.\n. Respondent is also the mother of two additional juveniles, R.B. and A.M., who are the subject of an appeal in COA06-484. Although the appeals regarding L.B. and her siblings were filed separately, there was only one hearing at the trial court that resolved the issues for all three juveniles.", "type": "majority", "author": "STEPHENS, Judge." } ], "attorneys": [ "Jeffrey L. Miller for Respondent-Appellant.", "E.B. Borden Parker for Petitioner-Appellee.", "Amanda A. Volz for Guardian ad Litem-Appellee." ], "corrections": "", "head_matter": "IN THE MATTER OF: L.B., a Minor Child\nNo. COA06-483\n(Filed 2 January 2007)\n1. Appeal and Error\u2014 appellate rules violations \u2014 motion to deem brief timely served \u2014 motion to dismiss brief \u2014 denial of sanctions\nThe guardian ad litem\u2019s (GAL) motion to deem appellee GAL\u2019s brief timely served is allowed, and respondent mother\u2019s motion to dismiss GAL\u2019s brief on N.C. R. App. P. 13 grounds is denied, because: (1) this case deals with guardianship of a juvenile; and (2) respondent did not allege that she suffered any prejudice from the minimal delay in being served with the GAL\u2019s brief.\n2. Appeal and Error\u2014 notice of appearance of counsel\u2014 appellate counsel\nThe guardian ad litem\u2019s (GAL) attorney is properly appearing in a juvenile guardianship case because while there is no order in the record naming the GAL\u2019s current counsel as appellate counsel, both respondent and the GAL agree that a notice of appearance of counsel was filed at the Court of Appeals.\n3. Appeal and Error\u2014 appellate rules violations \u2014 statement of facts\nRespondent mother\u2019s motion to dismiss the guardian ad litem\u2019s (GAL) brief and motion to strike portions of GAL\u2019s brief on N.C. R. App. R 28 grounds in a juvenile guardianship case is denied even though respondent contends the statement of facts includes information not found by the trial court and allegedly contains misrepresentations regarding the underlying facts of the case, because: (1) the rule does not limit a party\u2019s ability to make reference to facts supported by the evidence but not specifically found by the trial court to be able to provide the Court of Appeals with a thorough picture of the circumstances and events that led to appeal; (2) respondent cites no authority, and none was found, which limited a party\u2019s statement of facts to those found by the trial court; and (3) the GAL\u2019s statement of facts was supported by both the transcript and record on appeal.\n4. Appeal and Error\u2014 appellate rules violations \u2014 denial of sanctions\nRespondent mother\u2019s motion to dismiss and strike petitioner appellee DSS\u2019s brief on N.C. R. App. P. 13 grounds is denied, because: (1) this case deals with juvenile guardianship; and (2) respondent did not allege that she suffered any prejudice from the delay in being served with DSS\u2019s brief.\n5. Appeal and Error\u2014 appellate rules violations \u2014 affidavit striken \u2014 matters in brief outside record\nThe portions of DSS\u2019s brief that provides and cites to an affidavit not included in the record on appeal in a juvenile guardianship case is stricken, because: (1) N.C. R. App. P. 9 provides that matters discussed in the brief outside the record are not properly considered on appeal since the record imports verity and binds the reviewing court; and (2) contrary to DSS\u2019s assertion that it would have to provide documents omitted from the settled record, N.C. R. App. P. 28(d)(3)(a) only addresses information from a transcript that must be included in an appendix, there is no reference in the rule to information omitted from the record, and DSS\u2019s argument was unsupported by any rule of appellate procedure.\n6. Child Abuse and Neglect\u2014 permanency planning order\u2014 subject matter jurisdiction\nThe trial court had authority to enter its permanency planning order in a juvenile guardianship case even though the non-secure custody order and summons were issued before the juvenile petition was signed and verified, because: (1) the juvenile petition was eventually signed and verified by a DSS representative; and (2) once this occurred on 19 August 2004, the trial court gained subject matter jurisdiction and could properly act on this matter from that day forward.\n7. Child Abuse and Neglect\u2014 permanency planning hearing\u2014 failure to conduct hearing within twelve months of original custody order\nThe trial court did not commit reversible error in a juvenile guardianship case by failing to conduct the permanency planning hearing within twelve months of the date of the original custody order, because: (1) an appellant must prove prejudice to warrant reversal for a violation of N.C.G.S. \u00a7 7B-907(e) which governs time lines for filing petitions to terminate parental rights, and the Court of Appeals concluded the same must be proven for N.C.G.S. \u00a7 7B-907(a) which is applicable in the instant case; (2) had the permanency planning hearing been held in August when respondent contends it should have been held, respondent\u2019s living situation would have been less stable since the hearing would have occurred during respondent\u2019s transition from her old home to her new one, and further respondent never testified that she had room or space for the pertinent minor in her new home; (3) although more recent evidence was presented at the hearing, the trial court made no findings regarding the minor\u2019s half-siblings\u2019 alleged change in their position on their permanent placement, and there was no evidence presented that the GAL or DSS changed their recommendation on the minor\u2019s placement based on anything that occurred after the twelve-month time frame had expired; and (4) while the court included a finding that respondent had prematurely left a scheduled visit with the juveniles three weeks before the hearing, absent this finding, there remained ample evidence to support the trial court\u2019s determination.\n8. Child Abuse and Neglect\u2014 permanency planning order\u2014 sufficiency of findings of fact\nThe trial court did not err in a juvenile guardianship case by allegedly failing to make sufficient findings of fact to support its permanency planning order as required by N.C.G.S. \u00a7 7B-907(b), because: (1) this section of the juvenile code does not require a permanency planning order to contain a formal listing of the N.C.G.S. \u00a7 7B-907(b)(l)-(6) factors as long as the trial court makes findings of fact on the relevant \u00a7 7B-907(b) factors; (2) the trial court considered all the relevant \u00a7 7B-907(b) criteria and made appropriate findings in its order; and (3) with respect to respondent\u2019s argument that the trial court did not make any findings under \u00a7 7B-907(b)(5), there was no permanent plan with which DSS had to comply since this was the initial permanency planning hearing.\n9. Child Abuse and Neglect\u2014 permanency planning order\u2014 visitation\n\u25a0 The trial court erred in a juvenile guardianship case by determining in its permanency planning order that visitation between the juvenile and the mother shall be supervised by the custodians and shall be in the discretion of the custodians but shajl not be unreasonably prevented, and the case is remanded to the trial court to issue a new order on visitation, because: (1) the exercise of this judicial function may not be delegated by the court to the custodian of the child; and (2) when the discretion to provide visitation is granted to the custodian of a child, it may result in a complete denial of the right.\n10.Child Abuse and Neglect\u2014 permanency planning order\u2014 considering and incorporating reports and summaries as finding of fact\nThe trial court did not err in a juvenile guardianship case by considering and incorporating reports and summaries from DSS and from the GAL as findings of fact in its permanency planning order, because: (1) when conducting a juvenile proceeding, the trial court is permitted to consider all materials including written reports that have been submitted in connection with the proceeding, although the trial court may not delegate its fact finding duty; and (2) the trial court properly incorporated DSS and GAL reports, properly made findings of fact included in the order based on these reports, these findings are sufficient to support the trial court\u2019s ultimate determination, and there was no evidence the trial court relied on information from the reports that it then failed to include as a finding of fact in its order.\n11. Child Abuse and Neglect\u2014 permanency planning order\u2014 failure to comply with previous court orders \u2014 keep mother\u2019s boyfriend away from minor\nThe trial court did not err in a juvenile guardianship case by relying on prior court orders, DSS reports, and GAL reports to find that respondent mother has not complied with previous orders of the court to keep the minor away from respondent\u2019s boyfriend who was a sex offender from another state and living with the mother, because: (1) although respondent correctly asserts that no new evidence was presented at the hearing regarding her current relationship with her boyfriend and his presence around the minor, the finding merely indicated that respondent had not previously complied with court orders requiring her to eliminate contact between her boyfriend and the minor, thus recognizing that respondent placed the importance of her relationship with her boyfriend above the welfare of her child; and (2) even if the trial court included this finding in error, there remained sufficient evidence through court documents in the record and by testimony at the hearing to support the trial court\u2019s ultimate determination that the permanent plan for the minor should be a change of custody to the grandparents of the minor\u2019s half siblings.\n12. Child Abuse and Neglect\u2014 permanency planning order\u2014 psychological evaluation\nThe trial court did not abuse its discretion in a juvenile guardianship case by ordering respondent mother to undergo a psychological evaluation and by finding that she had not previously complied with the trial court\u2019s order directing such an evaluation because of: (1) the serious nature of the allegations, respondent\u2019s concession that her daughter was neglected, and the Court of Appeals\u2019 holding in In re Cogdill, 137 N.C. App. 504 (2000); and (2) respondent\u2019s own testimony that she failed to comply with the court\u2019s previous order that she undergo a psychological or psychiatric evaluation and comply with the recommendations of the evaluator.\nAppeal by Respondent-mother from permanency planning order filed 23 November 2005 by Judge R. Les Turner in Wayne County District Court. Heard in the Court of Appeals 19 October 2006.\nJeffrey L. Miller for Respondent-Appellant.\nE.B. Borden Parker for Petitioner-Appellee.\nAmanda A. Volz for Guardian ad Litem-Appellee." }, "file_name": "0174-01", "first_page_order": 206, "last_page_order": 227 }