In re T.M., ___ N.C. App. ___ (March 4, 2026)
Held:
Affirmed
- Facts: Mother appeals an order terminating her parental rights. The child was adjudicated neglected based on incidents of domestic violence between Mother and Father. The trial court initially adopted a primary permanent plan of reunification and a secondary plan of adoption. Among other components, Mother was ordered to complete domestic violence classes and any recommended treatment. Mother was later charged with first-degree murder of Father. The child’s primary permanent plan was changed to adoption with a secondary plan of guardianship. Mother identified her mother (maternal grandmother) as a potential guardian. Mother was convicted of second-degree murder and sentenced to 240 to 300 months’ imprisonment. DSS filed to terminate Mother’s parental rights. The trial court adjudicated three grounds and found termination in the best interest of the child. Mother appeals, arguing the trial court misapprehended the law and erred in finding permanence for the child could only be achieved through adoption, and the conclusion that termination was in the child’s best interest.
- Dispositional findings are reviewed to determine whether they are supported by sufficient evidence. A trial court’s best interest determination is reviewed for abuse of discretion.
- At the dispositional stage of a TPR the trial court must consider whether termination is in the juvenile’s best interest by considering factors listed in G.S. 7B-1110(a). The court must make written findings of the relevant factors. Appellate precedent has held that a trial court “is not required to make written findings regarding any dispositional alternatives it considered.” Sl. Op. at 4-5.
- The trial court did not abuse its discretion. The challenged findings “reflect the court’s weighing of the statutory factors and evidence presented, not a misunderstanding of the law regarding permanent plans.” Sl. Op. at 6. The findings show that the trial court determined guardianship was not in the child’s best interest because it is subject to modification and lacks the same degree of permanence as adoption; the child’s need for permanence outweighed the purpose of maintaining the biological family’s connection consistent with the principle that the “paramount consideration must always be the best interest of the child[;]” and the child’s need for “safety, security, emotional support, and a permanent home.” Sl. Op. at 6-7, 7 (citation omitted).
Category:
Termination of Parental RightsStage:
DispositionTopic:
Best Interests Findings