Held:

Reversed

Facts: Respondent-Father appeals the termination of his parental rights as to two children based on the grounds of neglect, failure to make reasonable progress, and the inability to establish a safe home when there is a prior involuntary termination of parental rights as to another child. Petitioners were former foster parents to one of the children who, after reunification, Father and Mother relied on for child care. After the second child was born and for a period of two years after, Father and Mother left the children with petitioners for irregular and lengthy intervals. Petitioners obtained emergency custody through a Chapter 50 action, at the request of Father, based on concerns for Mother’s substance use and Father being subject to a DVPO that Mother obtained on behalf of herself and the children. Petitioners maintained custody of the children via Chapter 50 for a period of two years, during which Father consistently exercised supervised visitation. Petitioners initiated this private TPR action, alleging their intent to adopt the children. The trial court adjudicated each of the three grounds and terminated Father’s parental rights. Father argues the trial court’s findings are insufficient for each ground. Father also successfully challenged the trial court’s ex parte investigation regarding his testimony relating to parental rights to his other children, which is summarized separately.
Appellate courts review TPR orders to determine whether clear and convincing evidence supports its findings and whether the findings support its conclusion of law. Rule 52(a) requires “specific findings of the ultimate facts established by the evidence . . . essential to support the conclusions of law reached.” Sl. Op. at 9 (citation omitted).
G.S. 7B-1111(a)(8) authorizes a TPR on the ground of a prior involuntary TPR and a lack of ability or willingness to establish a safe home. The trial court prejudicially erred by terminating Father’s rights under G.S. 7B-1111(a)(8). Beyond its own improper investigation, the trial court did not receive any evidence to support a finding of a prior TPR. Additionally, no findings were made that Father lacked the ability or willingness to establish a safe home to support a conclusion under G.S. 7B-1111(a)(8).

Category:

Termination of Parental Rights

Stage:

Adjudication

Topic:

Prior TPR/No Safe Home

Tags:

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private TPR