208 N.C. App. 549
N.C. Ct. App.2010Background
- D.H.H. is a three-year-old whose guardians petitioned to terminate Respondent-Father's parental rights.
- DSS received a December 20, 2007 neglect report alleging domestic violence between Respondent-Father and D.H.H.’s mother with the children present; the incident involved stabbing by Respondent-Father.
- Older siblings were removed in April 2007; D.H.H. was placed in kinship care, then in foster care with Petitioners after a nonsecure custody order in December 2007.
- Guardianship of D.H.H. was awarded to Petitioners on July 7, 2008; guardianship of older siblings went to their paternal grandparents.
- Petitioners filed a 2009 motion to terminate parental rights of both parents, alleging willful failure to pay, failure to make reasonable progress, abandonment, and failure to legitimate.
- The trial court found grounds under 7B-1111(a)(2), (3), and (5) to terminate Respondent-Father’s rights and held it in D.H.H.’s best interests; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was clear evidence to support termination under 7B-1111(a)(2). | Petitioners contend Respondent-Father failed to make reasonable progress to correct conditions. | Respondent-Father asserts insufficient progress and questions whether guardianship precludes reconsideration. | Yes; findings support termination under 7B-1111(a)(2). |
| Whether there was clear evidence to support termination under 7B-1111(a)(3) (willful failure to pay). | Petitioners established willful nonpayment of a reasonable portion of care costs. | Respondent-Father challenges the willful nonpayment finding. | Yes; findings support termination under 7B-1111(a)(3). |
Key Cases Cited
- In re Oghenekevebe, 123 N.C. App. 434 (1996) (willfulness may be shown without fault; progress considered)
- In re J.D.S., 170 N.C. App. 244 (2005) (binding findings when not challenged on appeal)
- In re M.D., 682 S.E.2d 780 (2009) (unappealed findings binding; grounds supported)
- In re J.M.W., 179 N.C. App. 788 (2006) (single ground can support termination)
- In re Humphrey, 156 N.C. App. 533 (2003) (review of grounds when challenged)
- In re Tate, 67 N.C. App. 89 (1984) (considerations of parental efforts over time)