In re D.T.H., 2021-NCSC-106

Held: 
Reversed and Remanded
  • Facts: In 2018, maternal grandparents filed the TPR petition. Maternal grandparents obtained permanent sole custody of the child through a Chapter 50 civil custody order entered in 2011. In 2013 the grandparents and child left the United States and lived in different countries until 2018 due to grandmother’s employment with the Department of Defense.  After a hearing, the court terminated father’s parental rights. Father appeals. This opinion also addresses the ground of abandonmnet (discussed in another summary).
  •  G.S. 7B-1111(a)(6) authorizes a TPR on the ground of dependency. Both prongs of dependency must be addressed: parent lacks (1) an ability to provide care or supervision and (2) the availability of alternative child care arrangements. There was no evidence addressing the second prong in the record. Reversed.

 

 

Category:
Termination of Parental Rights
Stage:
Adjudication
Topic:
Dependency
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