In re K.J.D., ___ N.C. App. ___ (December 17, 2024)

Held: 
Affirmed
  • Facts: DSS filed a neglect and dependency petition based on continued instances of domestic violence at the home in violation of a temporary safety agreement signed by Mother and Father. The child was adjudicated dependent and placed in DSS custody but physically remained in the home with the parents on a split schedule. DSS later terminated Mother’s unsupervised visits and placed the child with a foster parent. Ultimately, DSS filed a motion to terminate both parents’ rights. The court adjudicated four grounds and found TPR of Mother’s rights to be in the child’s best interest but that TPR of Father’s rights was not in the child’s best interest. Mother appealed, challenging the adjudication and disposition. This summary addresses Mother’s dispositional challenge.
  • “A finding that termination is in the best interest of the minor child is reviewed for abuse of discretion.” Sl. Op. at 15 (citation omitted). G.S. 7B-1110(a) requires the trial court to consider listed criteria and make written findings only as to those that are relevant. Dispositional findings are reviewed under a competent evidence standard.
  • Challenged findings are supported by competent evidence, including testimony of the social worker and Mother.
  • The trial court did not abuse its discretion in determining that termination of Mother’s rights was in the best interest of the child. Findings that support the court’s conclusion include that Mother did not believe she had a substance use issue nor pursue substance use treatment despite numerous positive drug screenings during the life of the case; domestic violence incidents continued despite Mother’s completion of domestic violence courses; and Mother failed to engage in mental health services. The court rejected Mother’s argument that termination of Mother’s rights could not be in the child’s best interests when Father retained his parental rights. Relying on the reasoning in In re E.F., 375 N.C. 88 (2020), the court held “[w]hether Father retains his parental rights, without a doubt terminating Respondent-Mother’s parental rights increases the likelihood of [the child’s] adoption and thus aids in achieving his permanent plan.” Sl. Op. at 20. The issue is not one of whether it is unfair that Mother’s rights were terminated and Father’s were not.
Category:
Termination of Parental Rights
Stage:
Disposition
Topic:
Best Interests Findings
Tags:
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TPR
best interest
7B-1110(a)