In Re Everett

In In re Everett, 161 N.C. App. 475, 588 S.E.2d 579 (2003), respondent's wife and two children moved out of the family's house in Fayetteville and into the wife's parents' house in Wilmington. Shortly thereafter, the department of social services filed a petition alleging that respondent and his wife failed to provide proper care, supervision, and discipline to the children, "but no facts were alleged to support this allegation against respondent." Id. at 475, 588 S.E.2d at 580. Rather, the petition alleged that respondent's wife sexually abused the children while living in Wilmington. Nevertheless, the trial court adjudicated both children dependent and neglected as to respondent because respondent had observed his wife inappropriately administer medication to the children and because respondent was unable to maintain a residence of his own without the assistance of others. Following a permanency planning hearing, the trial court found, inter alia, that "reunification with respondent's wife is not imminent," id. at 480-81, 588 S.E.2d at 583, and relieved the department of social services of further reunification efforts with respondent. On appeal, we held that the trial court's findings did not comply with section 7B-907(b). Of the three findings set out in our opinion, we held that one was not supported by competent evidence in the record. Moreover, neither of the other two findings addressed the issue of whether the children could be returned to respondent immediately or within six months.