In re: D.A.
811 S.E.2d 729
N.C. Ct. App.2018Background
- D.A., born June 2014, suffered a pulmonary hemorrhage and later a healing rib fracture; medical providers diagnosed child abuse after a September 2014 evaluation.
- Respondent-mother pled guilty to misdemeanor child abuse; respondent-father’s criminal charge was dismissed.
- Onslow County DSS obtained nonsecure custody on 22 Sept 2014; D.A. was adjudicated abused and neglected on 15 June 2015.
- Permanency planning ultimately resulted in a 12 May 2017 order granting full legal and physical custody to court-approved foster parents and waiving further review.
- Both parents appealed: father argued the court erred in finding he acted inconsistently with parental constitutional rights and in awarding custody to nonparents; mother argued the court lacked sufficient findings/evidence to cease reunification and to find unresolved mental-health barriers.
Issues
| Issue | Petitioner’s Argument | Respondent’s Argument | Held |
|---|---|---|---|
| Whether trial court could award permanent custody to nonparents without first finding parents unfit or that their conduct was inconsistent with parental constitutional status | DSS/GAL: custody transferred from DSS to nonparents, so separate finding not required | Father: statute and precedent require finding of unfitness or inconsistent conduct before granting de facto permanent custody to nonparents | Court: trial court must make findings that parent is unfit or acted inconsistently before awarding de facto permanent custody to nonparents; remanded for findings |
| Whether the trial court’s findings supported conclusion that respondent-father acted inconsistently with his constitutional parental rights | DSS/GAL: father implicated by injuries and failure to explain circumstances | Father: no evidence showing he caused or knew cause of injuries; findings do not attribute culpability to him | Court: findings were insufficient and ambiguous as to father’s culpability; vacated and remanded for appropriate findings |
| Whether the permanency order effectively ceased reunification and if statutory findings supported that cessation | DSS/GAL: order did not explicitly cease reunification | Mother: order’s waiver of review and transfer of custody functionally ceased reunification and required statutory findings | Court: order effectively ceased reunification but lacked required written findings under N.C. Gen. Stat. § 7B-906.2(d); vacated and remanded |
| Whether trial court adequately found mother had unresolved mental-health issues supporting cessation of reunification | DSS/GAL: asserted evidence supported concerns | Mother: evidence did not support such a finding; court abused discretion | Court: did not reach substantive validation because statutory findings were required and lacking; remand for proper findings |
Key Cases Cited
- Price v. Howard, 346 N.C. 68 (N.C. 1997) (describing parents’ constitutional interest in custody and care of child)
- David N. v. Jason N., 359 N.C. 303 (N.C. 2005) (parental rights may be lost by unfitness or conduct inconsistent with protected status)
- In re D.M., 211 N.C. App. 382 (N.C. Ct. App. 2011) (discussing loss of parental constitutional protection via unfitness or inconsistent conduct)
- Rodriguez v. Rodriguez, 211 N.C. App. 267 (N.C. Ct. App. 2011) (de novo review standard for whether conduct is inconsistent with parental status)
- In re Y.Y.E.T., 205 N.C. App. 120 (N.C. Ct. App. 2010) (affirming holding both parents responsible where injury non-accidental and parents were sole caregivers)
- In re N.B., 240 N.C. App. 353 (N.C. Ct. App. 2015) (permanency order that eliminates reunification and transfers custody can effectuate cessation of reunification)
- In re P.A., 241 N.C. App. 53 (N.C. Ct. App. 2015) (remand required where trial court failed to make required findings before transferring custody to nonparent)
- In re B.G., 197 N.C. App. 570 (N.C. Ct. App. 2009) (to apply best-interest test against a parent, court must first find unfitness or conduct inconsistent with parental status)