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.
  • The court did not make findings about the second prong of the dependency requirement – that the parent lacked an appropriate alternative child care arrangement. The burden is on petitioners to show mother lacked an appropriate alternative child care arrangement and they provided no such evidence. TPR on this ground reversed.
  • Dissent: The burden does not rest solely on petitioners to show that respondent mother did not offer an appropriate alternative child care arrangement. Respondent’s failure to show an alternative child care arrangement should be considered. As such, remand is appropriate.
Termination of Parental Rights
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