In Re TRM
702 S.E.2d 108
| N.C. Ct. App. | 2010Background
- DSS filed a juvenile petition alleging Tom was neglected and secured custody in a nonsecure order in February 2008.
- Tom was adjudicated neglected in May 2008 by consent of respondent-mother and the father.
- A permanency planning order in June 2009 ceased reunification efforts and set the plan as adoption.
- DSS petitioned to terminate respondent-mother's parental rights in July 2009; trial court entered termination order in March 2010.
- Respondent-mother challenged both the permanency planning order and the termination order, arguing lack of subject matter jurisdiction and other defects.
- The court vacated the termination order but affirmed the permanency planning order, concluding the cessation of reunification was supported by the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction over termination petition | DSS argued petition unchecked by verification; thus jurisdiction valid. | Respondent-mother argued lack of verification voids termination proceedings. | Termination order void for lack of verification; vacated. |
| Sufficiency of findings supporting cessation of reunification | Findings support that continued reunification would be futile or harmful to Tom. | respondent-mother contends findings are not competently supported by evidence. | Findings supported cessation; permanency planning order affirmed. |
Key Cases Cited
- In re T.M.H., 186 N.C.App. 451 (2007) (verification defect is jurisdictional per se in termination actions)
- In re C.M.H., 187 N.C.App. 807 (2007) (vacate termination when petition unverified)
- In re Weiler, 158 N.C.App. 473 (2003) (review standard for permanency planning orders; credible evidence standard)
- In re P.O., 698 S.E.2d 525 (2010) (limits on reunification where health and safety require permanent home)