In re C.L.H., ___ N.C. ___ (Feb. 5, 2021)

Held: 
Reversed in Part
Vacated and Remanded in Part
There is a dissent
Barringer, J. joined by Newby J. and Berger, J. (on a different ground for TPR)
  • Facts: This is a private TPR where mother is petitioner and father is respondent parent. In 2011, the parties entered into a consent order for child support, where respondent father was required to pay a set amount. In 2018, after father overdosed during a visit with the child, mother obtained a modified Ch. 50 custody order granting her sole physical and legal custody. The TPR was granted on the grounds of neglect, willful failure to pay child support, and dependency. Father appeals, challenging the grounds.
  • Standard of review of an adjudication is whether the findings of fact are supported by clear, cogent, and convincing evidence and whether the findings support the conclusions of law. Conclusions of law are reviewed de novo.
  • Regarding the dependency ground, there was no evidence or findings that at the time of the termination hearing the father had a condition that made him incapable of providing proper care or supervision. Reversed.
Category:
Termination of Parental Rights
Stage:
Adjudication
Topic:
Dependency
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