In re T.J.C.
225 N.C. App. 556
N.C. Ct. App.2013Background
- Three children of Toni and Fred were adjudicated neglected in 2010 and placed in DSS custody; DSS involvement began in 2005 due to domestic violence.
- Reunification efforts were ordered ceased by the trial court on 16 June 2011, with notices preserving the right to appeal.
- DSS filed a motion to terminate parental rights on 19 August 2011; hearings occurred on 3 November 2011, 14 February 2012, and 1 March 2012.
- Judge Allen terminated parental rights on 12 April 2012 on grounds of neglect and failure to correct conditions, with Toni additionally found incapable of proper care.
- The trial court found extensive domestic violence and parental inability to provide a safe, stable home; the children have remained in foster care since June 2010.
- The Court of Appeals affirmed both the permanency planning order and the termination of parental rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the permanency planning order ceasing reunification was properly supported | Fred argues the order rests on evidentiary facts, not ultimate facts. | Strenuously contends the order contains adequate ultimate findings based on credible evidence. | Affirmed; trial court properly rendered ultimate facts from evidentiary findings. |
| Whether termination of parental rights was supported by clear and convincing evidence | Both parents challenge findings of ongoing domestic violence and neglect future risk. | Court properly found neglect and potential future neglect, supporting termination. | Affirmed; findings supported termination on the ground of neglect; one ground suffices. |
Key Cases Cited
- In re C.M., 183 N.C. App. 207, 644 S.E.2d 588 (2007) (standard of review for permanency planning orders; credibility and discretion)
- In re O.W., 164 N.C. App. 699, 596 S.E.2d 851 (2004) (court can resolve ultimate facts from evidentiary facts)
- In re Young, 346 N.C. 244, 485 S.E.2d 612 (1997) (clear, cogent and convincing standard; two-stage process)
- In re Shepard, 162 N.C. App. 215, 591 S.E.2d 1 (2004) (review of findings and conclusions; de novo on law)
- In re Ballard, 311 N.C. 708, 319 S.E.2d 227 (1984) (consideration of evidence of prior neglect and changed conditions)
- In re P.L.P., 173 N.C. App. 1, 618 S.E.2d 241 (2005) (one ground may suffice for termination; not required to prove multiple)