In re A.T.T., ___ N.C. App. ___ (April 1, 2026)
Held:
Affirmed
- Facts: This is an appeal of the termination of Mother’s parental rights to her five children. Prior to the TPR, the juveniles were adjudicated neglected and dependent based on circumstances created by mother that included the death due to starvation/malnourishment of the seven-month-old sibling, a twin of the youngest child, an unsanitary home with feces throughout, little food for the children, the surviving twin sibling being severely malnourished, and a delay in seeking medical care for the other children immediately after the infant’s death. Mother faced felony child abuse for the surviving twin and first degree murder charges for the deceased twin and was incarcerated and unable to provide any viable alternative child care arrangements for the children. Another child was born during her incarceration who was also later adjudicated neglected and dependent. Attempts to locate the children’s fathers were unsuccessful. During the underlying proceeding, DSS was relieved of making reasonable efforts towards reunification; however, DSS allowed Mother to verbally enter into a jail case plan. The plan required her to not incur disciplinary infractions while incarcerated; participate in all available parenting, mental health, and substance use programs and classes; and communicate with DSS monthly. Based on Mother’s noncompliance and failure to communicate with the children, DSS filed the TPR. Mother’s rights were terminated on the grounds of neglect, abandonment, dependency, and willful failure to make reasonable progress in correcting the conditions which led to the juveniles’ removal. Mother appeals, challenging several findings as unsupported, specifically arguing there is a lack of evidence as to the conditions between the children’s removal and the TPR hearing to support the adjudication of the ground of neglect.
- Appellate courts review TPR orders to “ ‘determine whether the findings are supported by clear, cogent and convincing evidence and [whether] the findings support the conclusions of law’ that one or more grounds for termination exist.” Sl. Op. at 8 (citation omitted). Conclusions of law are reviewed de novo.
- G.S. 7B-1111(a)(1) allows a trial court to TPR if the court concludes that the parent has neglected the child as defined by G.S. 7B-101(15). A neglected juvenile is one whose parent “[d]oes not provide proper care, supervision, or discipline[,]” “[h]as not provided or arranged for the provision of necessary medical or remedial care[,]” or “[c]reates or allows to be created a living environment that is injurious to the juvenile’s welfare.” G.S. 7B-101(15)(a), (c), (e). “[I]t is relevant whether the juvenile lives in a home where another juvenile has died as a result of suspected abuse or neglect by an adult who regularly lives in the home.” G.S. 7B-101(15). In instances where the child and parent have been separated for a long period of time, “there must be a showing of past neglect and a likelihood of future neglect by the parent.” Sl. Op. at 9 (citation omitted). A parent’s failure to make progress on their case plan can indicate a likelihood of future neglect. While incarceration is “neither a sword nor a shield” in a TPR action, “a parent will not be excused from showing interest in the child’s welfare by whatever means available.” Sl. Op. at 10 (citations omitted).
- The trial court’s findings of fact are supported by clear and convincing evidence and support the conclusion that Mother neglected the children and there is a likelihood of future neglect. Challenged findings are supported by record evidence, including the underlying adjudication order that shows Mother’s past neglect, and the continued neglect during Mother’s incarceration and the continued existence of conditions that led to the children’s removal. Mother failed to complete any component of her case plan; incurred four infractions while incarcerated in violation of the verbal agreement with DSS; refused to acknowledge the conditions that led to the twin sibling’s death, the surviving twin’s malnourishment, and the unsafe conditions of the home; and that though DSS provided Mother with opportunities to communicate with the children, Mother took no steps to communicate in any manner. Unchallenged findings show that Mother did not adequately nourish the twins despite having the resources to do so; there was little food in the home for the other children; Mother did not take the children to medical appointments and delayed care for the surviving twin; the home was unsanitary, filled with trash, dirty diapers, and had feces on the stairs and walls; and the other children lived in the home where their sibling died and observed the conditions leading to their sibling’s death.
Category:
Termination of Parental RightsStage:
AdjudicationTopic:
Neglect