In re N.J.R.C., ___ N.C. App. ___ (November 7, 2023)

Held: 
Affirmed
  • Facts: This is a private TPR initiated by Mother. Mother and Father engaged in sexual relations that resulted in the conception of the child at issue while Mother was 15 and Father was 21. Father was convicted of taking indecent liberties with a child. The trial court terminated Father’s parental rights on several grounds including his conviction of a sexually related offense resulting in conception of the child. Father appeals and argues that his conviction of indecent liberties with a child is not a “sexually related offense” authorizing termination.
  • TPR orders are reviewed to determine “whether the findings of fact are supported by clear, cogent, and convincing evidence and whether [the] findings . . . support the conclusions of law.” Sl. Op. at 3 (citation omitted). Conclusions of law are reviewed de novo.
  • G.S. 7B-1111(a)(11) authorizes termination of parental rights upon finding “the parent has been convicted of a sexually related offense under Chapter 14 of the General Statutes that resulted in the conception of the juvenile.” G.S. 7B-1111(a)(11). This ground was “intentionally drafted in a manner broad enough to encompass not only acts and offenses which may explicitly involve sex, but also offenses associated with sex or that have some sexual component.” Sl. Op. at 5.
  • G.S. 14-201.1 defines the crime of taking indecent liberties with children, and while criminalizing certain actions “which are not explicitly required to be sexual acts,” the crime “unequivocally contains a sexual component”, which includes arousing or gratifying a sexual desire. Sl. Op. at 4, 5. Appellate precedent cites the offense as sexual in nature. The definition of “sexually violent offense” at G.S. 14-208.6(5) includes taking indecent liberties with children. As a result, the crime of taking indecent liberties with children constitutes a “sexually related offense” within the meaning of G.S. 7B-1111(a)(11). See Sl. Op. at 6-7.
Category:
Termination of Parental Rights
Stage:
Adjudication
Topic:
Sexually Related Offense
Tags:
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TPR
sexual offenses