In re K.Q., 381 N.C. 137 (2022)

  • Facts: The juvenile was adjudicated neglected and dependent due to circumstances related to domestic violence between his parents. While the underlying action was pending, father participated in services under his case plan but was arrested for another domestic violence incident involving mother. When the primary permanent plan was identified as adoption, DSS filed a TPR motion, which was granted. Father appeals, challenging the grounds and arguing the court erred in determining there was a likelihood of future neglect.
  • Although father challenges some findings, those findings were not reviewed because the unchallenged findings were sufficient to support the court’s determination that there was a likelihood of future neglect. Those findings describe chronic domestic violence between the parents; document father’s violence, including at visitation resulting in a suspension of his visitation; address the incident that resulted in the new criminal charges against father; and mother’s most recent DVPO filing. The findings also show father engaged in his case plan requirements but that he did not show he could apply what he learned. Father also denied the domestic violence and any impact it had on the juvenile and blamed mother for the domestic violence. Compliance with a case plan does not preclude a conclusion of neglect. The court did not error in determining there was a likelihood of future neglect.
Termination of Parental Rights
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