In re: A.B., C.B., J.B., 253 N.C. App. 29

Background

Cabarrus County DHS removed four children from mother and father in Oct. 2013; petitions alleged neglect due to mother's substance abuse and domestic violence in the home. Children adjudicated neglected and dependent in Mar. 2014; reunification plan ordered with services (substance treatment, parenting, housing, etc.).
Reunification efforts for father ceased in June 2015; CCDHS later stopped reunification for mother in Aug. 2015 and changed permanent plan to adoption (secondary: guardianship).
CCDHS moved to terminate parental rights Oct. 2015; after hearings in May 2016 the trial court terminated mother’s parental rights under N.C.G.S. § 7B-1111(a)(1) (neglect) and (a)(2) (willful failure to make reasonable progress), finding termination in children’s best interests.
On appeal mother argued the court’s findings failed to address her circumstances at the time of the termination hearing and thus did not support either statutory ground; she emphasized improvements (sustained negative drug screens June 2015–Mar. 2016, separation from father, protective order, steady employment, parenting contact/appropriate visitation).
The Court of Appeals found the trial court’s order lacked adequate, contemporaneous factual findings resolving material conflicts in the evidence (particularly regarding mother’s fitness and the nature/extent of reasonable progress up to the termination hearing) and remanded for further findings and possible additional evidence.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether findings support termination under § 7B-1111(a)(1) (neglect)	CCDHS: prior neglect + evidence shows likelihood of repetition if returned	Mother: court made no findings about fitness or conditions at time of hearing; past problems largely remediated	Vacated/remanded — findings did not adequately account for mother’s circumstances at termination hearing; need present-condition findings before adjudication under (a)(1)
Whether findings support termination under § 7B-1111(a)(2) (willful failure to make reasonable progress)	CCDHS: mother was in foster care placement >12 months and failed to make reasonable progress	Mother: she made measurable progress recently (clean drug screens, treatment, protective order, employment) and trial court did not resolve conflicting evidence on progress/willfulness	Vacated/remanded — court’s evidentiary findings failed to resolve material conflicts and did not evaluate reasonable progress through the termination hearing date
Whether prior factual findings from earlier hearings can substitute for present findings	CCDHS: prior findings reflect mother’s long-term noncompliance and justify ultimate conclusions	Mother: termination requires assessment of fitness/progress at time of termination hearing, not only prior orders	Held that earlier findings may be summarized, but court must make adequate, contemporaneous evidentiary findings; mere recitation of earlier findings is insufficient
Whether appellate review can affirm on present record despite conflicting evidence	CCDHS: evidence supports termination; some findings uncontested	Mother: conflicts in testimony material and unresolved by trial court	Court held it would be speculative to affirm; remanded for further findings and possibly additional evidence

Key Cases Cited

In re Shepard, 162 N.C. App. 215 (court of appeals standard of review for termination findings)
In re Clark, 72 N.C. App. 118 (requirements for findings supporting termination)
In re H.S.F., 182 N.C. App. 739 (uncontested findings treated as supported)
In re T.M., 180 N.C. App. 539 (erroneous unnecessary findings do not require reversal if sufficient other findings exist)
In re P.L.P., 173 N.C. App. 1 (single adjudicated ground is sufficient to terminate parental rights)
In re Ballard, 311 N.C. 708 (must determine neglect exists at time of termination; consider changed conditions)
In re Young, 346 N.C. 244 (termination cannot be based solely on past conditions that no longer exist)
In re B.S.D.S., 163 N.C. App. 540 (willfulness/whether reasonable progress made may be found without a fault finding; prolonged inability to improve supports (a)(2))
In re J.S.L., 177 N.C. App. 151 (failure to fully satisfy case plan not automatically lack of reasonable progress)
In re A.C.F., 176 N.C. App. 520 (reasonable progress evaluated up to termination hearing)
In re Anderson, 151 N.C. App. 94 (ultimate findings must flow by logical reasoning from evidentiary facts)
In re F.G.J., 200 N.C. App. 681 (vacatur/remand appropriate where affirmance would require speculation)