In re R.D.L., ___ N.C. App. ___ (May 20, 2026)
Held:
Affirmed
- Facts: Two children were adjudicated neglected and dependent based on Mother and Father’s substance use, severe abuse of the younger child, failure to provide medical care and treatment for the younger child, truancy of the older child, and concerns for unsafe and unstable housing for the children. Although the parents made some progress on their case plans and visited with the children, they were arrested and convicted of felony child abuse. The children’s primary plans were changed to adoption with secondary plans of reunification. DSS filed to terminate Mother and Father’s parental rights under G.S. 7B-1111(a)(1), (2), (6), and (8). After adjudicating grounds, the trial court moved to the dispositional hearing, where it received CPS reports, a letter from the 13-year-old, and testimony from a social worker and a foster parent, and orally agreed to incorporate GAL and CPS reports into its findings. The trial court determined termination was in the children’s best interest. Mother and Father appeal, arguing the trial court erred at disposition by considering the GAL report when it was not formally offered into evidence at the hearing.
- Dispositional findings are reviewed to determine whether the findings are supported by competent evidence. A trial court's determination that termination is in the child's best interest is reviewed for an abuse of discretion.
- In its determination of whether termination is in the juvenile’s best interest at the dispositional phase of a TPR hearing, “[t]he trial court may consider any evidence, including hearsay evidence as defined by [N.C.G.S.] 8C-1, Rule 801, that the court finds to be relevant, reliable, and necessary to determine the best interests of the juvenile.” Sl. Op. at 9, quoting G.S. 7B-1110. The supreme court has held that a trial court has “significantly more discretion in its receipt of evidence” at the disposition phase of TPR proceedings given the lower evidentiary standard and the purposes of the Juvenile Code to ensure the child’s best interests are paramount and that children are placed in a safe, permanent home within a reasonable time when it is not in their best interest to return home. “[B]ecause of the relaxed nature of dispositional hearings, like permanency planning hearings, the trial court is “free to consider written reports submitted by [a party] without a formal proffer and admission of these documents into evidence as exhibits.” Sl. Op. at 11 (citation omitted). As part of their duties under G.S. 7B-601, a GAL “must offer evidence, either written reports, testimony, or both, recommending to the trial court which course of action is in the best interests of the child[,]” in order for a trial court to make a reasoned dispositional ruling under G.S. 7B-1110.
- The trial court did not abuse its discretion in determining termination was in the children’s best interests. Mother’s argument that the GAL report was not offered into evidence, no certificate of service was filed, and she did not have an opportunity to object absent a formal tender is meritless. The record shows the GAL offered a report to the court and the trial court received and intended to consider the report as evidence when orally stating it would incorporate the GAL and CPS reports into its findings. The trial court also received multiple testimonies, medical records, photos of the children, a letter from the older child, and the parents' criminal judgments.
Category:
Termination of Parental RightsStage:
DispositionTopic:
Evidence