In re A.B.C., ___ N.C. ___ (July 17, 2020)

There is a dissent
as to grounds (4-3)
  • Facts: A TPR adjudication order was entered on March 21, 2019. A separate dispositional order was entered on April 28, 2019. Respondent mother appealed the TPR on both grounds and disposition. DSS filed a motion to dismiss the appeal of the adjudication order, arguing it was untimely.
  • G.S. 7B-1001 identifies those order which may be appealed. A final order terminating or denying a termination of parental rights is an appealable order. Notice of the appeal must be made within 30 days of the order’s entry and service. There is a two-stage process for TPR: adjudication and disposition.  A TPR adjudication order is not an appealable order under G.S. 7B-1001 because it only establishes a ground to TPR and does not terminate parental rights. The TPR order is not final and subject to appeal until the court enters its disposition order. The appeal was timely filed.
Termination of Parental Rights
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