In re A.D., 285 N.C. App. 88 (2022)
Held:
Reversed
- Facts: In 2019, the juvenile was adjudicated neglected based on circumstances created by mother’s substance use. In 2020, putative father was identified and paternity was established. Father agreed to a case plan with DSS. Father had transportation issues due to a lack of driver’s license, some criminal involvement, but was working sporadically, seeking housing closer to his daughter but moved frequently, maintaining contact with DSS, and working within COVID-19 restrictions. In 2020, DSS filed a TPR petition after the primary permanent plan was changed to adoption. At the time of the TPR hearing, father had complied with much of his case plan, including obtaining subsidized housing, employment, completing parenting classes, completing a substance use assessment, seeking treatment for mental health and substance use, maintaining some contact with DSS, and attending the majority of his visits. The TPR was granted after the court determined father complied with the minimal requirements of his case plan. Father appealed.
- G.S. 7B-1111(a)(2) authorizes a TPR when a parent willfully leaves their child in foster care for more than 12 months without making reasonable progress under the circumstances to correct the conditions that led to the juvenile’s removal. Willfulness may be found even when a parent makes some efforts to regain custody. Reasonable progress must be made regardless of whose fault it was that caused the child to be placed in foster care. Compliance with a case plan is relevant in determining whether a parent has made reasonable progress up to the time of the TPR hearing. “[A] parent’s failure to fully satisfy all elements of the case plan goals is not the equivalent of a lack of reasonable progress.” 285 N.C. App. at 113.
- Challenged findings regarding father not seeking paternity or custody and not making progress with his case plan are unsupported. Other challenged findings are supported by the evidence. The court is not required to make findings on all the evidence presented.
- The findings do not support the conclusion that father failed to make reasonable progress to correct the conditions that led to the juvenile’s removal. “While Father has not fully satisfied all elements of his case plan, he has not shown ‘a prolonged inability to improve [his] situation,’ which would warrant terminating his parental rights…” 285 N.C. App. at 114.
Category:
Termination of Parental RightsStage:
AdjudicationTopic:
Neglect