In re M.J.R.B., 2021-NCSC-62

Affirmed in Part
Vacated and Remanded in Part
  • Facts: Three juveniles were adjudicated neglected and dependent and a newborn was adjudicated dependent due to substance use and mental health issues. Each parent was appointed a Rule 17 GAL. The primary plan was adoption, and DSS filed TPR petitions. The TPR was granted on the grounds of failure to make reasonable progress to correct the conditions and dependency. Both parents appealed.
  • G.S. 7B-1111(a)(6) authorizes a TPR when a parent is incapable of providing care or supervision such that the juvenile is a dependent juvenile and there is a reasonable probability the incapability will continue to the foreseeable future. Dependency requires a finding that the parent lacks an appropriate alternative child care arrangement.
  • The findings do not address a lack of appropriate alternative child care arrangement, the reason for the mother’s incapability, and whether the mother’s condition would continue for the foreseeable future. There may be evidence in the record for those findings. Vacated and remanded for entry of a new order.
Termination of Parental Rights
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