In re A.K.H., ___ N.C. App. ___ (November 5, 2024)
Held:
Affirmed
- Facts: Father appeals the termination of his parental rights to one juvenile. DSS filed neglect and dependency petitions based on domestic violence in Mother’s home. After the underlying neglect and dependency petition was filed, Respondent-Father was contacted by DSS and paternity was confirmed as to one of the three children. The child was adjudicated neglected and dependent. Father entered into a case plan that required several steps for him to take, and although he made some progress initially, he did not overcome issues related to his sex offender status, unsuitable housing, and lack of relationship with his daughter. DSS filed a TPR, which was stayed for three years. During the stay, Father did not attend the next three permanency planning hearings; was in arrears of child support; continued not to participate in parenting the child; and did not have contact with DSS. Father’s rights were terminated based on the grounds of neglect, failure to make reasonable progress, and dependency.
- Appellate courts review a TPR adjudication order to determine whether the findings of fact are supported by clear, cogent, and convincing evidence and whether the findings of fact support the conclusions of law. Conclusions of law are reviewed de novo.
- G.S. 7B-1111(a)(2) allows a court to terminate a parent’s rights when clear, cogent, and convincing evidence show the parent (1) willfully left the child in foster care or placement outside of the home for over 12 months, and (2) the parent has not made reasonable progress under the circumstances to correct the conditions which led to the removal of the child. “Leaving a child in foster care or placement outside of the home is willful when a parent has the ability to show reasonable progress, but is unwilling to make the effort.” Sl. Op. at 13 (citation omitted).
- Findings support the conclusion that Father willfully left the child in foster care for over 12 months and did not make reasonable progress to correct the conditions that led to the child’s removal. The child remained in foster care continuously for 77 months following their removal from Mother’s home. Father did not engage with DSS from 2019 until the TPR petition was filed in 2022; did not complete his case plan; and did not at any time attempt communication with the child, motion for the court to allow visitation with the child, or share in parenting the child once paternity was confirmed. The case plan sought to address the circumstances which led to the child’s removal and Father’s non-compliance is relevant in determining whether Father made reasonable progress.
Category:
Termination of Parental RightsStage:
AdjudicationTopic:
Willfully Leaving Child in Foster Care or Other Placement