In re E.Q.B., ___ N.C. App. ___ (August 1, 2023)
Held:
Affirmed in Part
Vacated in Part
- This is an appeal of a private TPR, where father’s rights were terminated on the grounds of abandonment, neglect by abandonment, and neglect. The court of appeals affirmed the ground of abandonment and discussed the jurisprudence regarding the affirmation of one ground is sufficient to support a TPR order.
- “An adjudication of any single ground for terminating a parent’s rights under G.S. 7B-1111(a) will suffice to support a termination order,” and the court need not review any of the remaining grounds challenged on appeal once the court has affirmed one particular ground for termination exists. Sl. Op. at 12 (citation omitted).
- “This opinion recognizes that the validity of additional grounds for termination may be relevant and impact a parent’s ability to regain their parental rights in a reinstatement of parental rights action pursuant to G.S. 7B-1114 (effective October 1, 2011). In that action, the court must consider whether the parent seeking reinstatement has “remedied the conditions which led to the juvenile’s removal and termination of the parent’s rights.” G.S. 7B-1114(g)(2).
- “As we affirm the trial court’s finding of abandonment in accordance with G.S. 7B-1111(a)(7), we need not review either of the remaining grounds for the purposes of the termination of parental rights,” “as resolving these issues would have no practical effect on the case.” Sl Op. at 12, 13. Further, father has not argued for reconsideration of the court’s “single ground” jurisprudence.
Category:
Termination of Parental RightsStage:
AppealTopic:
Mootness