208 N.C. App. 160
N.C. Ct. App.2010Background
- DSS filed a juvenile petition alleging Tom was neglected on 12 February 2008; court granted non-secure custody on 13 February 2008.
- Tom was adjudicated neglected on 20 May 2008 based on mother and father's consent.
- A permanency planning order on 12 June 2009 ceased reunification efforts and changed the plan to adoption.
- DSS petitioned for termination of respondent-mother’s parental rights on 17 July 2009.
- Trial court terminated respondent-mother’s parental rights on 5 March 2010.
- Respondent-mother appeals both the permanency planning order and the termination order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction for termination due to unverified petition | Respondent argues lack of verification voids jurisdiction. | DSS contends petition verification is required by statute. | Termination order void; jurisdiction lacking due to unverified petition. |
| Suppression of reunification under 7B-507(b) | Findings show continued harm and futility of reunification. | Cessation not supported by competent evidence. | Records support cessation and adoption-focused plan. |
| Evidence supporting cessation findings linking to visits | Tom’s improvements tied to cessation of visits with mother. | Improvements could be due to other factors (medication, etc.). | Findings supported by competent evidence and weighed credibility. |
Key Cases Cited
- In re T.M.H., 186 N.C. App. 451 (2007) (jurisdictional defect for unverified termination petition per se)
- In re C.M.H., 187 N.C. App. 807 (2007) (vacate termination order when petition unverified)
- In re Weiler, 158 N.C. App. 473 (2003) (permanency orders may cease reunification on credible evidence)
- In re Whisnant, 71 N.C. App. 439 (1984) (trial court weighs all competent evidence and credibility)