243 N.C. App. 65
N.C. Ct. App.2015Background
- Mother (respondent) gave birth while incarcerated in Sept. 2012; Wake County Human Services (WCHS) obtained custody and filed a neglect/dependency petition in March 2013.
- April 2013 consent adjudication and disposition order required mother to: visit consistently, secure suitable housing and employment, complete substance-abuse assessment, resolve criminal charges, undergo psychological evaluation and follow recommendations, and complete parenting classes.
- WCHS moved to terminate parental rights in July 2014; trial court terminated mother’s parental rights in October 2014 for failure to make reasonable progress.
- Trial court findings included: mother consistently visited after release; lived with a friend for ~9 months (not on lease); claimed informal employment earning about $435/month; had pending criminal issues tied to the child’s father; completed a psychological evaluation, attended therapy (initially monthly, then every three weeks), took prescribed medication; completed parenting class; social worker expressed concerns about adequacy of income, intensity of mental-health treatment, and unresolved criminal matters.
- Trial court relied substantially on the ‘‘possibility’’ of future incarceration and perceived insufficient progress on mental-health treatment and income.
- Court of Appeals reversed and remanded, concluding key factual findings were unsupported or contradicted by the record and therefore did not sustain the conclusion that the mother failed to make reasonable progress.
Issues
| Issue | WCHS (Petitioner) Argument | Respondent Argument | Held |
|---|---|---|---|
| Whether respondent failed to make "reasonable progress" on conditions leading to removal under N.C. Gen. Stat. § 7B-1111(a) | Mother had insufficient, unstable housing, inadequate income, inadequate engagement in recommended mental-health treatment, unresolved criminal issues making future incarceration possible — supporting termination for failure to make reasonable progress | Mother consistently visited, obtained stable housing (though informal), had some employment, complied with psychological recommendations and medication, increased therapy frequency, completed parenting class, and her criminal matter was likely to be resolved imminently — findings do not support termination | Reversed and remanded: appellate court found key findings unsupported or contradicted by the record (notably on housing suitability, therapy recommendations, and timing of criminal resolution); termination for failure to make reasonable progress was not supported by clear, cogent, and convincing evidence |
Key Cases Cited
- In re T.J.D.W., 182 N.C. App. 394 (discussion of two-step parental termination review and standards of review)
- North Carolina State Bar v. Talford, 147 N.C. App. 581 (definition of "clear, cogent, and convincing" evidence)
- In re Baker, 158 N.C. App. 491 ("extremely limited progress" contrasted with "reasonable progress" standard)