In re E.I.-J.H., ___ N.C. App. ___ (August 19, 2026)

Held: 
Dismissed
  • Facts: Mother appeals the termination of her parental rights (TPR) to two children, arguing the trial court abused its discretion by appointing her a Rule 17 guardian ad litem (GAL) without notice or conducting an inquiry and deprived her of her constitutional right to conduct her own litigation. There are two underlying A/N/D actions, one for each child that were brought one year apart (when the second child was born). Mother was appointed a Rule 17 GAL by the clerk in the separate underlying proceedings the day after the respective A/N/D petitions were filed. In each case, Mother’s counsel and the GAL appeared at the initial nonsecure custody hearings, and Mother appeared at the hearing in one of those actions. The trial court determined in each case that Mother required a GAL and made the appointment based on her untreated mental health, history of GAL appointments in previous actions involving her other children, and testimony from the children’s GAL Program Supervisor. Mother’s children were adjudicated and various permanency planning hearings were held. Mother never objected to the GAL appointment. After DSS filed a TPR motion and where no objection to the GAL appointment was made, Mother’s rights to both children were ultimately terminated.
  • N.C. Rule of Appellate Procedure 10(a)(1) requires that to preserve an issue for appellate review, a party must have timely objected, stated specific grounds for the desired ruling if not apparent, and obtained a ruling on the objection. Appellate precedent holds that unpreserved constitutional arguments are waived on appellate review.
  • Mother waived her constitutional argument. Nothing in the record indicates Mother objected to the appointment of her GAL in either action. In one of the underlying proceedings, Mother requested the court appoint a new Rule 17 GAL. Further, Mother testified and addressed the court at the TPR hearing and did not object to the appointment of her GAL during those proceedings. The court declined to invoke Appellate Rule 2 sua sponte without Mother showing manifest injustice or issues of public interest.
Category:
Termination of Parental Rights
Stage:
GAL for Respondent Parent
Topic:
Tags:
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appointment of GAL
waive issue
Appellate Rule 10