In re L.L.O., 252 N.C. App. 447 (2017)
Held:
Vacated and Remanded
- GS 7B-1111(a)(2) requires a two part analysis: (1) the child has willfully been left by the parent in foster care or placement outside the home for over 12 months and (2) the parent has not made reasonable progress under the circumstances to correct the conditions which led to the child’s removal. The order does not contain findings that support the court’s conclusion. The order contained inconsistent findings that were not resolved by the court. There was also conflicting evidence that the court findings did not resolve.
- Note: Although the opinion did not address whether the TPR motion provided sufficient notice of an alleged ground because neither respondent raised the issue, it noted that the TPR motion’s failure to cite the statutory ground, GS 7B-1111(a)(2), or state any of the terms used in the statute, such as “willfully left,” “reasonable progress,” or “conditions which led to the removal” would put respondent at a disadvantage in preparing for the hearing.
Category:
Termination of Parental RightsStage:
AdjudicationTopic:
Willfully Leaving Child in Foster Care or Other Placement