In Re DHH
703 S.E.2d 803
| N.C. Ct. App. | 2010Background
- D.H.H. is a three-year-old whose parental rights of Respondent-Father were subject to termination proceedings.
- D.S.S. received a neglect referral after a December 20, 2007 incident where Respondent-Father stabbed the mother in the presence of children; the three older children had been removed earlier and later placed with relatives.
- D.H.H. was placed in kinship care with the mother's cousin, then moved to a DSS foster home under Petitioners' custody, with DSS retaining placement authority.
- The trial court adjudicated D.H.H. neglected in February 2008 and later named Petitioners as guardians of D.H.H. in July 2008; the other siblings were placed with paternal grandparents or guardians.
- Petitioners petitioned in July 2009 to terminate both parents’ rights on grounds including willfully leaving the child in foster care >12 months, willfully failing to pay a reasonable portion of the cost of care, and failure to legitimate.
- Respondent-Father appeals challenging two grounds (progress toward correcting removal conditions and illegitimacy); the trial court’s findings support termination on at least one ground.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there were grounds to terminate under 7B-1111(a)(2) for willfully leaving foster care and not making progress. | Petitioners contend willfulness and lack of progress established given history of domestic violence and ongoing issues. | Respondent-Father argues insufficient evidence of willfulness or progress to justify termination under this ground. | Yes; the evidence supports willfully leaving in foster care >12 months and no reasonable progress. |
| Whether there were grounds to terminate for failure to legitimate. | Petitioners contend failure to legitimate supported termination. | Respondent-Father disputes the legitimacy ground. | Yes; supported by the trial court’s findings and substantial evidence. |
| Whether the unchallenged ground (willfully failing to pay a reasonable portion of the cost of care) suffices to terminate. | Unchallenged ground provides an independent basis for termination. | Not contested; challenges only two grounds. | Ground is sufficient to sustain termination and supports affirmance. |
Key Cases Cited
- In re Oghenekevebe, 171 N.C.App. 457 (2005) (willfulness not requiring fault; progress may occur but still may terminate)
- In re J.M.W., 179 N.C.App. 788 (2006) (single ground may support termination; review of other grounds unnecessary)
- In re Tate, 67 N.C.App. 89 (1984) (continued efforts do not preclude termination when conditions persist)
- In re J.D.S., 170 N.C.App. 244 (2005) (findings binding on appeal absent challenge to facts)