In re J.A.E.W., 375 N.C. 112

Background

Jennifer (born 2003) was removed from her mother’s home in 2014 after evidence of parental substance abuse and unsafe conditions; custody was placed with Burke County DSS and Jennifer was adjudicated dependent.
Respondent father was incarcerated at the time of removal and released in February 2016; he signed a case plan but repeatedly failed to complete required services (parenting classes, assessments, therapy) and to provide requested contact/address information.
In 2016 allegations of sexual abuse by respondent were investigated and later unsubstantiated; supervised contact resumed intermittently but was later limited or suspended based on therapist recommendations and respondent’s noncompliance.
DSS changed the permanency plan to adoption after finding respondent did not make progress; he had sporadic employment, refused to follow therapist’s recommendations, and lost employment for misconduct.
DSS filed a petition to terminate parental rights in March 2019 alleging multiple statutory grounds (neglect, failure to make reasonable progress, failure to pay cost of care, abandonment). Respondent had made no child-support or in-kind contributions during the nearly five years Jennifer was in DSS custody.
The trial court found four statutory grounds and that termination was in Jennifer’s best interests; the Supreme Court of North Carolina granted certiorari and affirmed based on the ground under N.C.G.S. § 7B-1111(a)(3) (willful failure to pay a reasonable portion of cost of care).

Issues

Issue	Plaintiff's Argument (DSS)	Respondent's Argument	Held
Whether termination is supported by neglect / reasonable likelihood of neglect (N.C.G.S. § 7B-1111(a)(1))	Evidence shows conditions and conduct support neglect and future risk	Father maintained contact when permitted and disputes neglect finding	Not addressed on merits — court affirmed on alternative ground (§ 7B-1111(a)(3))
Whether termination is supported for willful failure to make reasonable progress (N.C.G.S. § 7B-1111(a)(2))	Father failed to comply with case plan and services, so no reasonable progress	Father had corrected conditions and was positioned to regain custody	Not addressed on merits — court affirmed on alternative ground (§ 7B-1111(a)(3))
Whether termination is supported for willful failure to pay a reasonable portion of cost of care (N.C.G.S. § 7B-1111(a)(3))	Father made no payments during custody period and had income in the six months prior to petition — ground proven by clear, cogent, convincing evidence	Father claimed insufficient earnings and argued court needed findings on his living expenses before concluding ability to pay	Held for DSS: court affirmed termination under (a)(3); father had employment/income and made no contributions, so ability to pay established without detailed living-expense findings
Whether termination is supported for abandonment (N.C.G.S. § 7B-1111(a)(7))	Facts support abandonment finding	Father disputes characterization given intermittent contact	Not addressed on merits — court affirmed on alternative ground (§ 7B-1111(a)(3))

Key Cases Cited

In re N.D.A., 373 N.C. 71, 833 S.E.2d 768 (2019) (certiorari procedure and appellate review practice)
In re Montgomery, 311 N.C. 101, 316 S.E.2d 246 (1984) (standard of review for termination adjudication)
In re Moore, 306 N.C. 394, 293 S.E.2d 127 (1982) (any one statutory ground supports termination)
In re S.E., 373 N.C. 360, 838 S.E.2d 328 (2020) (affirming on single sufficient ground)
In re Ballard, 311 N.C. 708, 319 S.E.2d 227 (1984) (parental ability-to-pay must be found where relevant)
In re J.E.M., 221 N.C. App. 361, 727 S.E.2d 398 (2012) (fact-pattern support for inferring ability to pay when no payments made)
In re Huff, 140 N.C. App. 288, 536 S.E.2d 838 (2000) (analogous support for payment-ground analysis)