In re J.L.H.
224 N.C. App. 52
| N.C. Ct. App. | 2012Background
- YFS filed a petition alleging Jennifer was neglected and dependent due to supervision, sexual abuse, domestic violence, and substance abuse.
- Jennifer was placed in foster care under YFS custody following court-ordered removal and adjudicated neglected and dependent in February 2010.
- A termination petition was filed in February 2011 alleging willful leaving in foster care over 12 months without progress and failure to pay a reasonable portion of care costs.
- A termination hearing occurred in September 2011 and November 2011; in February 2012 the court terminated respondent-mother’s parental rights on grounds of neglect, willful removal over 12 months, and nonpayment of care costs.
- The trial court found that respondent failed to participate in her own therapy, failed to address Jennifer’s trauma, and had inconsistent therapy participation, supporting willful leaving and lack of reasonable progress.
- The trial court concluded best interests favored termination but failed to provide required written findings under 7B-1110(a); on appeal, the court affirmed termination on the ground identified but remanded for proper best-interests findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did grounds exist to terminate parental rights for willful leaving and lack of progress? | Nolen supports termination despite some efforts; respondent failed to show reasonable progress. | Respondent complied with some requirements and did what was asked. | Yes; grounds existed to terminate for willful leaving and lack of reasonable progress. |
| Were appropriate 7B-1110(a) best-interests findings required and properly made? | Trial court considered factors; no need for explicit findings on all factors. | Statutory factors required written findings; court failed to address relevant factors, including permanent plan and bond. | Remand for explicit written findings on 7B-1110(a) factors is required. |
| Did the record properly support the best-interests determination and bond considerations? | There was a bond between Jennifer and respondent; adoption likely and placement stable. | Jennifer’s fear of returning to mother and trust issues undermine the bond findings. | Bond and best-interests considerations require explicit findings; remand warranted. |
Key Cases Cited
- In re Clark, 72 N.C. App. 118 (1984) (clear-and-convincing standard governs termination findings)
- In re Helms, 127 N.C. App. 505 (1997) (clear and convincing evidence governs termination findings)
- In re Nolen, 117 N.C. App. 693 (1995) (reasonable progress required beyond mere compliance)
- In re Humphrey, 156 N.C. App. 533 (2003) (remand when best-interests findings are incomplete)
- In re S.C.H., 199 N.C. App. 658 (2009) (statutory detail changes affect best-interests analysis; prior rulings limited)
- In re E.M., 202 N.C. App. 761 (2010) (remand to ensure proper 7B-1110(a) findings)