In re A.H., 250 N.C. App. 546 (2016)

  • There is competent evidence in the record (the social worker’s testimony) to support the court’s findings regarding best interests. Those findings demonstrate the court (1) considered the criteria enumerated at G.S. 7B-1110(a) and (2) made a reasoned decision within its discretion.
  • The court specifically made findings regarding the likelihood of adoption [7B-1110(a)(2)], whether a termination of parental rights would aid in the accomplishment of a permanent plan of adoption [7B-1110(a)(3)], and the bond between respondent mother and child [7B-1110(a)(4)]. Although the evidence showed the child has a diagnosis of autism it also demonstrated that he “would be considered adoptable” and having him be available for adoption after a TPR supports the finding that his likelihood of adoption is good. The absence of an adoptive placement does not bar a TPR. Although respondent mother introduced competing evidence regarding a strong bond between her and the child, it is a well-established principle that “findings of fact supported by competent evidence are binding on appeal, despite evidence in the record that might support a contrary finding.”
Termination of Parental Rights
Best Interests Findings
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