In re E.R.B., ___ N.C. App. ___ (October 7, 2026)

Held: 
Affirmed
  • Facts: Respondent-Mother appeals the termination of her parental rights to two children. At the dispositional stage of the TPR hearing, the children’s GAL testified that the children wished to stay with their Aunt, Mother had been inconsistent in the children’s lives, and that inconsistency would be disruptive and upsetting to the children going forward. However, the GAL recommended that termination was not in the children’s best interests. The trial court ultimately determined termination to be in the children’s best interest. Mother argues the trial court failed to resolve material conflicts between the evidence and the GAL’s recommendation and challenges several of the court’s dispositional findings.
  • Dispositional findings are reviewed to determine whether they are supported by competent evidence. A trial court's determination that termination is in the child's best interest is reviewed for an abuse of discretion.
  • At the dispositional stage of a TPR the trial court must consider whether termination is in the juvenile’s best interest by considering factors listed in G.S. 7B-1110(a). The court must make written findings of the relevant factors. The supreme court has held that “[w]hile the role of the [child’s GAL] is critical . . . [its] recommendation regarding the best interests of a juvenile . . . is not controlling.” Sl. Op. at 14–15 (citation omitted).
  • The trial court did not abuse its discretion. The trial court made findings addressing best interest factors it deemed relevant, including that the children had been in Aunt’s exclusive care for most of their lives and the children called her “Mom”; Aunt planned to adopt the children; Mother had not been a consistent presence in the children’s lives; and the children did not have a bond with her. These findings are supported by competent evidence. The trial court’s skepticism for Mother’s expressed intent to visit with the children more regularly was a reasonable inference to draw from the evidence. The trial court is not required to reach the same conclusion as the children’s GAL regarding best interests. Although not required, a best practice is to explain such discrepancies.
Category:
Termination of Parental Rights
Stage:
Disposition
Topic:
Best Interests Findings
Tags:
Click on a term below for additional case summaries tagged with the same term.
best interests
GAL recommendation
7B-1110(a)