In re X.I.F., ___ N.C. App. ___ (February 19, 2025)

Held: 
Affirmed in Part; Vacated in Part.
  • Facts: Father appeals the termination of his parental rights as to three juveniles. The children have continuously lived with Mother since Mother and Father’s separation in 2012. Father has been incarcerated for most of the period since their separation and remains incarcerated serving a nine-year term with a release date in 2027. Mother filed the TPR, and the trial court found grounds existed to terminate under G.S. 7B-1111(a)(1), (6), and (7). Father appeals all three grounds. This summary discusses the ground of dependency under G.S. 7B-1111(a)(7).
  • Appellate courts review the adjudication of grounds to terminate parental rights to determine whether the trial court’s factual findings are supported by clear, cogent, and convincing evidence and whether the findings support the trial court’s conclusions of law.
  • G.S. 7B-1111(a)(6) allows the trial court to TPR where the parent “is incapable of providing for the proper care and supervision of the juvenile, such that the juvenile is a dependent juvenile within the meaning of G.S. 7B-101, and that there is a reasonable probability that the incapability will continue for the foreseeable future.” G.S. 7B-1111(a)(6). G.S. 7B-101(9) defines a dependent juvenile as one “in need of assistance or placement because (i) the juvenile has no parent, guardian, or custodian responsible for the juvenile’s care or supervision or (ii) the juvenile’s parent, guardian, or custodian is unable to provide for the juvenile’s care or supervision and lacks an appropriate alternative childcare arrangement.” The supreme court has held that a juvenile is not in need of assistance or placement where the juvenile is in the legal and physical custody of a parent at the time the petition is filed.
  • Here, the petitions alleged and the court found that the children were in the custody of and resided with Petitioner, their biological mother, at the time the petitions were filed. The children are not dependent juveniles. The conclusion that grounds existed to TPR under G.S. 7B-1111(a)(6) is unsupported by the findings and vacated.
Category:
Termination of Parental Rights
Stage:
Adjudication
Topic:
Dependency
Tags:
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dependency
7B-1111(a)(6)