In re O.J.R., 239 N.C. App. 329 (2015)

Held: 
Reversed and Remanded

  • There must be adequate findings of fact to support the court’s ultimate finding or a conclusion of law. Findings that are not supported by competent evidence are insufficient. For example, a finding that “Respondent father has engaged in no level of communication and effort as the father of this child” is not supported by evidence that he was present at the child’s birth, lived with the mother and child and provided support before he was incarcerated, sent letters and a gift to the child, and had a fact to face meeting with the child early in his incarceration, and that the mother/petitioner intentionally withheld her contact information and threw away cards and letters he wrote.
  • An order that concludes “that by clear, cogent and convincing evidence grounds exist to terminate parent rights of the Respondent Father” is insufficient as it does not specify any ground on which the termination of parental rights was granted. 

 

Category:
Termination of Parental Rights
Stage:
Adjudication
Topic:
Findings
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