N.C. G.S. 7b-1111(A)(9) Case Example

In In Re V.L.B., 164 N.C. App. 743, 744-45, 596 S.E.2d 896, 896-97 (2004) a mother appealed from a permanency planning order, and this Court determined that her appeal was moot as the order terminating the mother's parental rights was based upon G.S. 7B-1111(a)(9) . . . and does not rely on the permanency planning order that is the subject of this appeal. Indeed, the court, after hearing the testimony of witnesses and admitting the entire "court file" into evidence, made independent findings and conclusions that do not rely on the permanency planning order. In the present case, like Stratton, any findings in the permanency planning order that are also in the termination of parental rights order are superceded by the latter. In Re V.L.B., the trial court heard testimony and "made independent findings and conclusions that do not rely on the permanency planning order." See id