In re A.N.R., ___ N.C. App. ___ (November 21, 2023)
Held:
Affirmed
- Facts: Juvenile was placed in DSS custody upon filing of a dependency petition in September 2021. The juvenile was adjudicated in November 2021 and ordered to remain in DSS custody while Mother completed services and activities with the goal of reunification. DSS filed a TPR motion in October 2022 after Mother failed to complete many of the ordered services and activities, including supervised visits at DSS, substance abuse assessment and treatment, stable housing, and maintaining legal, verifiable income. The TPR was granted on the grounds of neglect and willfully leaving the juvenile in placement outside of the home for more than 12 months and failing to show reasonable progress had been made in correcting the conditions which led to removal of the juvenile. Mother appeals, challenging nine findings of fact relating to her progress as unsupported.
- A trial court’s adjudication of grounds for termination are reviewed to determine “whether the trial court’s findings of fact ‘are supported by clear, cogent, and convincing evidence and whether the findings support the conclusions of law’ ”. Sl. Op. at 6 (citation omitted). “[I]t is the responsibility of the trial court to weigh testimony, pass upon the credibility of witnesses, and draw reasonable inferences from the evidence[.]” Sl. Op. at 11 (citation omitted). Conclusions of law are reviewed de novo. Sl. Op. at 6.
- G.S. 7B-1111(a)(2) authorizes terminating a parent’s rights when the parent willfully leaves the child in placement outside of the home for more than 12 months and fails to show that reasonable progress has been made in correcting the conditions which led to removal of the juvenile. The trial court may look to evidence up until the time of the TPR adjudicatory hearing to assess the parent’s reasonable progress in correcting the conditions that led to the child’s removal. Sl. Op. at 6. “A parent’s ‘prolonged inability to improve [their] situation,’. . . will support a finding of willfulness regardless of [their] good intentions[.]’ ” Sl. Op. at 6 (citation omitted).
- Unchallenged findings support that the child was placed in DSS custody in September 2021 and remained in DSS custody at the time the TPR motion was filed in October 2022, satisfying the first requirement of G.S. 7B-1111(a)(2) that the juvenile was willfully left in placement outside of the home for more than 12 months before the TPR motion was filed.
- Challenged findings, except the disregarded finding relating to the description of Mother’s pending charges at the time of the hearing, are supported by clear, cogent, and convincing evidence, including mother’s stipulation at adjudication, her certified criminal record, her admissions and testimony and DSS social worker testimony. Record evidence supports challenged findings of Mother’s sporadic and minimal visits with the child; failure to appear for DSS supervised visits; history of substance abuse issues, criminal history related to possession, and periods of incarceration; failure to show for requested drug screens or obtain a substance abuse assessment or engage in treatment; and failure to fully complete parenting classes on her own. Although mother was incarcerated, which limited her ability to complete some components of her case plan, she was released for at least five months and did not address the issues required of her, such as obtaining stable housing. Together with the unchallenged findings relating to Mother’s unstable housing, frequent incarceration, and failure to provide proof of income to support the child, these findings support the conclusion that Mother failed to make reasonable progress in correcting the conditions that led to the child’s removal.
Category:
Termination of Parental RightsStage:
AdjudicationTopic:
Willfully Leaving Child in Foster Care or Other Placement