In re D.E.M., 254 N.C. App. 401 (2017), aff'd per curiam, 370 N.C. 463 (2018)

There is a dissent.

G.S. 7B-1110(a) requires the court to consider and making findings of relevant best interests of the child factors when determining whether to TPR after a ground has been proved by clear and convincing evidence. One factor is the likelihood of the child’s adoption. In this case, the child was placed with the petitioners as a result of a Chapter 50 civil custody order and not a pre-adoptive placement pursuant to G.S. Chapter 48.  However, G.S. 48-2-301(a) allows for the placement requirement set forth in G.S. Chapter 48 to be waived for cause, such that the petitioners would have standing to file a petition to adopt the child. Additionally, they are the child’s legal custodians and wish to adopt him. The court did not err in determining it was likely that petitioners will adopt the child.

Termination of Parental Rights
Best Interests Findings
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