In re D.C., 289 N.C. App. 30 (2023)
Held:
Affirmed
- Facts: The juveniles were adjudicated neglected. After parents’ failed to make progress on their case plan, DSS filed a TPR petition. The petition was granted based on a preponderance of the evidence standard. The parents appealed. The supreme court reversed and remanded and issued a mandate that the trial court consider the record before it to determine whether DSS proved by clear, cogent, and convincing evidence that one or more TPR grounds existed. On remand, the court heard arguments from counsel, reviewed the record, stated the earlier standard of proof was a clerical error, and entered a new order finding 2 grounds based on the clear, cogent, and convincing evidence standard. Mother appealed the grounds.
- G.S. 7B-1111(a)(2) authorizes a TPR when a parent willfully leaves a child in foster care for 12 months and fails to make reasonable progress under the circumstances to correct the conditions that led to the child’s removal. Willfulness is when a parent has an ability to make progress but is unwilling to make the effort. When noncompliance with a court-ordered case plan is a factor, there must be a nexus between the components of the case plan and the conditions that led to the child’s removal.
- Mother did not make reasonable progress despite having an ability to do so. Mother was ordered to participate in parenting classes for 12 hours and mother chose to attend a 4-hour online class. DSS notified mother this was insufficient. Mother was also ordered to engage in therapy yet reported she does not trust or need counseling and will not participate in it.
Category:
Termination of Parental RightsStage:
AdjudicationTopic:
Willfully Leaving Child in Foster Care or Other Placement