In re A.W., 288 N.C. App. 123 (2023)
Held:
Affirmed
- Facts: DSS filed a neglect petition based on domestic violence in the home. Despite having a DVPO, mother and father continued to have contact. DSS later filed a petition to terminate father’s parental rights based on neglect, dependency, and a prior TPR and failure to establish a safe home. Father’s rights were terminated, and he appeals.
- G.S. 7B-1111(a)(8) authorizes a TPR on the ground of a prior involuntary TPR and a lack of ability or willingness to establish a safe home. Safe home is a home where there is not a substantial risk of physical or emotional abuse or neglect to the juvenile. G.S. 7B-101(19).
- There is no dispute father’s rights to another child were involuntarily terminated. The findings supporting father’s inability or unwillingness to establish a safe home are supported by the evidence, including testimony from a psychologist, DSS social worker, GAL, and the foster parent as well as father’s psychological evaluations, letter to the court, and emails between him and the foster parent. Despite engaging in services, the findings show father did not address the underlying issues for why the child came into care or his substance use, continues to show angry outbursts and emotional dysregulation, and continues to have contact with mother despite a DVPO.
Category:
Termination of Parental RightsStage:
AdjudicationTopic:
Prior TPR/No Safe Home