In re X.M., ___ N.C. App. ___ (March 19, 2024)

Held: 
Affirmed
  • Facts: The court of appeals affirmed the termination of Mother’s parental rights as to her four children based on the ground of willfully leaving her children in foster care for more than 12 months without showing reasonable progress to correct the circumstances that led to the children’s removal. This summary focuses on Mother’s argument that the available transcript of the TPR proceeding was inadequate to provide meaningful appellate review of the trial court’s best interest determination as to three of the children.
  • G.S. 7B-806 requires all adjudicatory and dispositional hearings to be recorded and reduced to written transcript only when timely notice of appeal has been given. The appellant “bears the burden to ‘commence settlement of the record on appeal, including providing a verbatim transcript if available.’ ” Sl. Op. at 10 (citation omitted). “[T]he unavailability of a verbatim transcript does not automatically constitute error. To prevail on such grounds, a party must demonstrate that the missing recorded evidence resulted in prejudice.” Sl. Op at 11 (citation omitted). Prejudice is required even when a statute requiring the hearing be recorded is violated. “[O]nly where a trial transcript is entirely inaccurate and inadequate, precluding formulation of an adequate record and thus preventing appropriate appellate review[,] would a new trial be required.” Sl. Op. at 11 (citation omitted).
  • Mother failed to demonstrate that the narrative of proceedings was entirely inaccurate or inadequate, or explain how the provided information prevented appellate review. The parties agreed on a narration of the TPR proceedings developed by Mother, DSS and the GAL due to missing testimonial evidence and statements in the transcript. Additionally, the trial court judicially noticed all prior juvenile orders and reports from previous permanency planning hearings. Mother failed to demonstrate prejudice from the narrative provided and judicially notices orders and reports. The information that was provided did not preclude appellate review.
Category:
Termination of Parental Rights
Stage:
Appeal
Topic:
Tags:
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record on appeal
transcript
7B-806