In re K.C.T., 375 N.C. 592 (2020)

Reversed and remanded in part
Reversed in Part
There is a dissent
Newby, J.
  • Facts: After a voluntary kinship placement, petitioners in this TPR obtained a Ch. 50 civil custody order giving them sole legal and physical custody of the juvenile and no visitation with mother. More than 3 years later, petitioners filed this TPR, alleging neglect, failure to make reasonable progress, dependency, and willful abandonment. The TPR was granted on all 4 grounds, and mother appeals.
  • Applying the reasoning of In re A.C.F., 176 N.C. App. 520 (2006), G.S. 1111(a)(2) requires a court order that removes the juvenile and does not cover circumstances where parents leave their children in the care of another without involvement of the juvenile court. There are many reasons a parent will entrust the care of their child to others, oftentimes without implicating child welfare concerns of the State. The order here was entered under Ch. 50 and not under G.S. Chapter 7B. “A Chapter 50 civil custody order does not provide sufficient notice to a parent that their parental rights would be imperiled by their loss of custody or inform the parent what steps would be necessary to make reasonable progress and avoid termination.” Sl.Op. at 4-5. TPR on this ground reversed.


Termination of Parental Rights
Willfully Leaving Child in Foster Care or Other Placement
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