In re J.I.G., 380 N.C. 747 (2022)

  • Facts: The juveniles were adjudicated neglected and dependent, and the youngest juvenile was also adjudicated abused. Father made progress on his case plan but was later arrested and charged with 4 counts of felony child abuse related to the youngest juvenile. Father was incarcerated and awaiting trial. DSS filed a TPR motion, which was granted. Father appeals, challenging the grounds by arguing the evidence does not support the findings and the findings do not support the conclusion about his incapability to parent.
  • G.S. 7B-1111(a)(6) authorizes a TPR when (1) a parent lacks the capacity to provide proper care and supervision such that the juvenile is a dependent juvenile (G.S. 7B-101(9), (2) there is a reasonable probability ethe parent’s incapacity will continue for the foreseeable future, and (3) the parent lacks an appropriate child care arrangement.
  • Father challenges the court’s assessment of the social worker and GAL’s testimony, but it is the trial court’s responsibility to assign the proper weight and credibility of the evidence. The findings are supported by clear and convincing evidence even though there is evidence to the contrary. Adjudicatory findings based on mother’s testimony are disregarded as mother left the hearing before cross-examination by father’s attorney. Unchallenged findings support the dependency ground: father has an intellectual disability that negatively affects his ability to reason, plan, exercise judgment, and problem solve such that he was incapable of providing proper care and supervision to the juveniles, that he lacked an alternative appropriate child care arrangement, and his incapability was expected to continue.
Termination of Parental Rights
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