In re D.H.
232 N.C. App. 217
| N.C. Ct. App. | 2014Background
- In Feb. 2009 Mecklenburg County DSS obtained non-secure custody of three children (ages roughly 4, 5, and 11) and petitioned they were neglected and dependent due to respondent-mother’s substance abuse, inadequate supervision, and lack of alternate placement.
- The district court adjudicated the juveniles neglected and dependent on April 16, 2009, and ceased reunification efforts on Feb. 8, 2012, changing the permanency plan to adoption.
- DSS filed to terminate the mother’s parental rights on Oct. 16, 2012; the termination hearing occurred May 15, 2013, and the court entered an order June 27, 2013 terminating parental rights on grounds of neglect, failure to make reasonable progress, failure to pay a reasonable portion of care, and abandonment under N.C. Gen. Stat. § 7B-1111(a).
- At disposition the court found termination was in each child’s best interest under N.C. Gen. Stat. § 7B-1110(a), concluding that with therapeutic support the children were likely adoptable and that continued contact with the mother would be inconsistent with the children’s need for a safe permanent home.
- The mother appealed only the disposition (best-interest) determination, arguing the trial court failed to make required written findings on several § 7B-1110(a) factors (age; likelihood of adoption; effect on permanency plan; quality of relationship with proposed adoptive parent) and that termination was improper because two children were unlikely to be adopted.
Issues
| Issue | DSS (Plaintiff) Position | Mother (Respondent) Position | Held |
|---|---|---|---|
| Whether the trial court considered and made required written findings under N.C. Gen. Stat. § 7B-1110(a) when relevant | Court considered the statutory factors and made written findings as to those factors that were relevant to the decision | Court failed to make findings on several § 7B-1110(a) subparts (age; adoptability; permanency plan effect; relationship to proposed adoptive parent) | Affirmed: court must consider all six factors but need only make written findings as to those that are relevant; here sufficient findings were made |
| Relevance and need for findings on children’s ages (§ 7B-1110(a)(1)) | Age was considered but was not placed in issue as relevant in this case | Age was relevant because it bears on adoptability and should have specific findings | Reversed? No — Court erred in not making age findings only if age was placed in issue; mother did not show age was placed in issue, so omission was not reversible error |
| Whether court made findings on likelihood of adoption (§ 7B-1110(a)(2)) | Court found children likely adoptable with continued therapeutic support; supported by DSS worker and expert testimony | Argued two children unlikely to be adopted so termination was premature | Held findings regarding adoptability were made and supported by evidence; challenge overruled |
| Whether court erred in failing to find about quality of relationship with proposed adoptive parent (§ 7B-1110(a)(5)) | No existing proposed adoptive parent at hearing; absence of placement does not bar termination; court noted potential grandmother placement and evaluated that relationship | Argued no evidence of relationship with a proposed adoptive parent so court should not terminate | Held lack of a current adoptive placement is not a bar; court made necessary findings about potential relative placement and relationships |
Key Cases Cited
- In re Montgomery, 311 N.C. 101, 316 S.E.2d 246 (N.C. 1984) (two-stage termination framework: adjudication and disposition)
- Clark v. Clark, 301 N.C. 123, 271 S.E.2d 58 (N.C. 1980) (abuse of discretion standard requires showing the challenged action is manifestly unsupported by reason)
- In re Norris, 65 N.C. App. 269, 310 S.E.2d 25 (N.C. Ct. App. 1983) (absence of adoptive placement at time of hearing is not a bar to termination)
- In re J.L.H., 741 S.E.2d 333 (N.C. Ct. App. 2012) (amended § 7B-1110(a) requires written findings on all relevant factors; remand where relevant factors were not found)