Thus, we conclude that the children were merely placed in the temporary care of respondent and B.H. Under Liner, such placement does not warrant the conclusion that respondent was standing in loco parentis to the children. In contrast to the case before us, In re Kowalzek, 32 N.C. App. 718, 233 S.E.2d 655 (1977) provides an example of when individuals do qualify as custodians with standing to challenge a custody order. Kowalzek involved a child whose mother left him with his father when the child was about one year old. Kowalzek, 32 N.C. App. at 719, 233 S.E.2d at 656.
In In Matter of Kowalzek,this Court found a couple had standing as custodians because the child had been in the respondents' physical custody, respondents had supported the child for several months, and the respondents had expressed a desire to keep the child. 32 N.C.App. 718, 721, 233 S.E.2d 655, 657 (1977). In reaching that conclusion, we noted the importance of the fact in Kowalzekthat the child was essentially without a natural parent because he had been abandoned by his mother and his natural father had died. Id.at 719, 233 S.E.2d at 656.
Our research reveals no North Carolina cases directly on point. Under G.S. 7A-667, this Court held that foster parents were custodians as defined by G.S. 7A-278 (7) (repealed in 1979), and, therefore, had the right to notice, the right to intervene and to present evidence, and the right to contest orders of the court. In re Kowalzek, 32 N.C. App. 718, 721, 233 S.E.2d 655, 657 (1977). However, G.S. 7A-517 (11), the replacement for G.S. 7A-278 (7), currently defines Custodian as "[t]he person or agency that has been awarded legal custody of a juvenile by the court."
The order was vacated and the cause remanded to the District Court. See In the Matter of Kowalzek, 32 N.C. App. 718, 233 S.E.2d 655 (1977). In June of 1977 a hearing was conducted at which the respondents as well as the petitioner presented evidence. By order entered on 26 July 1977 the trial court made findings of fact and conclusions of law, including the following: