In re B.M.S., 288 N.C. App. 293 (2023)
Held:
Affirmed
- Facts: The juvenile was adjudicated neglected based on circumstances related to mother’s substance use. After mother did not make progress on her case plan, DSS filed a petition to terminate her parental rights. The TPR was granted on the grounds of neglect and failure to make reasonable progress, and the court determined it was in the child’s best interests to terminate mother’s parental rights. Mother appeals, challenging the best interests determination and arguing the findings of fact are not supported by competent evidence.
- The best interests determination is reviewed for an abuse of discretion. The findings are reviewed under a competent evidence standard.
- At disposition, the court may consider written reports and other evidence about the child’s needs that is relevant, reliable, and necessary. The court may also incorporate findings made at adjudication. One challenged finding was not supported by the evidence. The evidence was mother did not have stable housing yet the testimony and DSS report shows mother resided with her mother for 3 years. Other challenged findings are supported by competent evidence including social worker testimony and unchallenged findings of adjudicatory facts that were incorporated in the dispositional order.
- The court must consider the factors in G.S. 7B-1110(a). The court made findings of fact about all of the factors. The trial court considered mother’s bond with her child and the potential impact of severing that bond and the court determined the TPR was in the child’s best interests. There is no abuse of discretion when the court weighed the various factors.
Category:
Termination of Parental RightsStage:
DispositionTopic:
Best Interests Findings