In re A.W., 288 N.C. App. 123 (2023)
Held:
Affirmed
- Facts: DSS filed a neglect petition based on domestic violence in the home. Despite having a DVPO, mother and father continued to have contact. DSS later filed a petition to terminate father’s parental rights based on neglect, dependency, and a prior TPR and failure to establish a safe home. Father’s rights were terminated, and he appeals.
- G.S. 7B-1111(a)(6) authorizes a TPR on the ground of dependency when a parent is incapable of providing proper care and supervision such that the child is dependent under G.S. 7B-101(9) and the incapability is likely to last for the foreseeable future. The incapability may result from substance use, mental illness, or other condition that renders the parent unable to parent the juvenile.
- The findings supporting father’s incapability are supported by the evidence, including testimony from a psychologist, DSS social worker, GAL, and the foster parent as well as father’s psychological evaluations, letter to the court, and emails between him and the foster parent. Despite engaging in services, the findings show father has borderline personality disorder and other mental illnesses, continues to show mania and emotional dysregulation, including suicide attempts via overdoses, and a lack of empathy, and uses substances.
Category:
Termination of Parental RightsStage:
AdjudicationTopic:
Dependency