In re K.C.T., 375 N.C. 592

Background

In Oct 2015 DSS placed infant "Kelly" in a voluntary kinship placement with her paternal aunt and uncle after mother reported the father was manufacturing methamphetamine; mother was not criminally charged.
Petitioners (aunt/uncle) obtained sole legal and physical custody in a Chapter 50 civil custody order in April 2016; that order barred mother visitation unless she moved to modify it.
Petitioners filed a petition to terminate both parents’ rights on March 12, 2019; father relinquished; mother was appointed a guardian ad litem and a bench trial occurred Aug 13, 2019.
Trial court terminated mother’s parental rights on multiple statutory grounds under N.C.G.S. § 7B-1111(a)(1), (2), (6), (7) and concluded termination served the child’s best interest.
On appeal, the Supreme Court reversed the adjudications under (a)(1), (a)(2), and (a)(6) for insufficient findings/evidence; it reversed and remanded (a)(7) willful-abandonment for further findings/evidence.

Issues

Issue	Petitioners' Argument	Respondent's Argument	Held
Whether §7B-1111(a)(2) (placement >12 months without reasonable progress) applies where child was placed via voluntary kinship and custody later awarded by Chapter 50 order	Ground applies because child was outside mother’s custody for more than 12 months and mother made insufficient progress	§7B-1111(a)(2) requires juvenile-court removal/order under Chapter 7B; a Chapter 50 custody order/voluntary placement does not trigger the statutory removal period	Reversed: (a)(2) inapplicable here because removal for (a)(2) requires juvenile-court order; Chapter 50 civil custody and voluntary placement are insufficient notice
Whether §7B-1111(a)(6) (dependency/incapacity + lack of alternative childcare) was established	Mother is incapable (mental disabilities) and lacks appropriate alternative childcare arrangements	Petitioners failed to prove absence of an appropriate alternative childcare arrangement; burden on petitioner to prove all elements	Reversed: trial court did not make/find the required factual finding that mother lacked an appropriate alternative childcare arrangement; insufficient evidence to support (a)(6)
Whether §7B-1111(a)(1) (neglect) was established—past neglect + likelihood of future neglect	Past neglect (exposure to meth lab, failure to obtain medical care) and mother’s ongoing disabilities show likely future neglect	Mother disputes current risk; trial evidence does not show likelihood of future neglect or unsafe living conditions if child returned	Reversed: trial court finding that mother’s circumstances had not improved was unsupported by clear, cogent, and convincing evidence; no findings showing likely repetition of neglect
Whether §7B-1111(a)(7) (willful abandonment in 6 months before petition) was established	Minimal contact and minimal financial support during the six-month determinative period demonstrate willful abandonment	Mother argues some contact/gifts/Facebook/FACETIME and her disabilities/transportation limits undercut a finding of willfulness	Reversed and remanded: trial court failed to make adequate findings on willful intent during the six-month window; evidence might support the ground but further findings/possibly evidence are required

Key Cases Cited

In re A.U.D., 373 N.C. 3 (2019) (termination proceeds in adjudicatory and dispositional stages; petitioner bears burden of clear, cogent, and convincing evidence)
In re Pierce, 356 N.C. 68 (2002) (12-month placement period for removal-based grounds begins when juvenile court issues an order)
In re A.C.F., 176 N.C. App. 520 (2006) (placement/removal for §7B-1111(a)(2) requires juvenile-court involvement)
In re N.D.A., 373 N.C. 71 (2019) (abandonment requires a willful determination to forego parental duties; court may consider conduct up to hearing and six-month window)
In re C.B.C., 373 N.C. 16 (2019) (efforts outside the six-month determinative period do not preclude abandonment if nothing was done during that period)
In re N.G., 374 N.C. 891 (2020) (appellate court must disregard findings unsupported by clear, cogent, and convincing evidence)
In re K.N., 373 N.C. 274 (2020) (remand for entry of new findings where trial court failed to make required findings)
In re D.L.W., 368 N.C. 835 (2016) (when child separated long-term, must show past neglect and likelihood of future neglect)
In re Ballard, 311 N.C. 708 (1984) (established two-part test for past neglect and likelihood of repetition)
Pratt v. Bishop, 257 N.C. 486 (1962) (definition of abandonment as willful relinquishment of parental duties)