In re D.T. N.A., 250 N.C. App. 582

Infant Danny was taken into nonsecure custody on Feb 10, 2014; adjudicated dependent on May 5, 2014; petitioner changed permanency plan to adoption (with concurrent reunification) in July 2015.
Petitioner (Guilford County DHHS) filed to terminate both parents’ rights on Sept 28, 2015; termination hearing held Jan 19, 2016; order terminating respondent father’s rights entered Feb 22, 2016.
The trial court terminated the father’s rights under N.C. Gen. Stat. § 7B-1111(a)(6) (incapability to provide proper care/supervision) and § 7B-1111(a)(7) (willful abandonment).
The court’s (fact) findings relied on asserted drug use, alleged inability to meet the child’s daily needs, poor decision-making, failure to comply with the case plan, and lack of alternate placement.
On appeal the court of appeals found most of those findings unsupported or contradicted by the record (negative drug screens during probation, Healthy Start reports showing appropriate parenting during visits, completion of programs, recommendation and approval of relative placement, regular visits and child support).
The court of appeals reversed, holding the findings did not support termination under (a)(6) or (a)(7), and remanded for further proceedings.

Issue	Petitioner’s Argument	Respondent’s Argument	Held
Whether respondent is incapable of providing proper care and supervision under § 7B-1111(a)(6)	Father’s drug use, parenting deficiencies, poor decisions, noncompliance with case plan, and no alternative placement make him incapable	Record shows limited drug use (one admission), many negative drug screens, completion of Healthy Start, regular visits, employment and housing steps, and identified/approved relative placement	Reversed: findings did not support (a)(6); petitioner failed to prove incapability or lack of alternative placement
Whether respondent willfully abandoned the child under § 7B-1111(a)(7)	Father failed to provide a plan and comply with his case plan during the six months before petition	Father regularly visited, paid child support, participated in parenting programs and medical appointments; did not manifest intent to forgo parental duties	Reversed: findings do not show willful abandonment; evidence shows ongoing parental involvement

In re T.D.P., 164 N.C. App. 287, 595 S.E.2d 735 (discussing adjudication phase review in TPR proceedings)
In re J.S., 182 N.C. App. 79, 641 S.E.2d 395 (focus on parent's individual conduct under termination statutes)
In re P.M., 169 N.C. App. 423, 610 S.E.2d 403 (requirement that findings address parent’s ability and alternative care under (a)(6))
In re A.G.M., 241 N.C. App. 426, 773 S.E.2d 123 (petitioner bears burden to show substance abuse prevents parenting)
In re Phifer, 67 N.C. App. 16, 312 S.E.2d 684 (mere proof of substance abuse insufficient for termination)
In re Adoption of Searle, 82 N.C. App. 273, 346 S.E.2d 511 (definition of abandonment for termination)
Pratt v. Bishop, 257 N.C. 486, 126 S.E.2d 597 (abandonment requires willful relinquishment of parental duties)