In re H.B., 384 N.C. 484 (2023)
Held:
Affirmed
There is a dissent
by Morgan, J. joined by Earls, J.
- Facts: In 2019, the juveniles were adjudicated neglected and dependent due to circumstances created by mother’s substance use, mental health, housing, and lack of appropriate supervision. The juveniles were placed in DSS custody. In 2021, DSS filed a TPR petition to terminate mother’s parental rights of H.B. The TPR was granted and mother appeals both the grounds and disposition. Regarding the disposition, mother argues the court’s finding that there was no bond between her and her child is unsupported by the evidence. The court of appeals affirmed the TPR and there was a dissent. Mother appealed to the supreme court.
- The best interests determination at disposition is reviewed for an abuse of discretion. The court considers factors in G.S. 7B-1110(a).
- Any evidence that supports a finding, even when there is competing evidence, will uphold the finding as the appellate court does not reweigh the evidence. There was some evidence mother had no bond with her child given her failure to visit with her child.
- Dissent: There was no evidence that mother and child did not have a bond. The evidence showed the child recognized her mother as mother and was happy to see her when visits did occur.
Category:
Termination of Parental RightsStage:
DispositionTopic:
Evidence