In re B.A.J., ___ N.C. App. ___ (September 17, 2024)
Held:
Affirmed
- Facts: Juvenile was adjudicated neglected based on the severe physical abuse and torture of an older half-sibling (the half-sibling was adjudicated abused and another half-sibling was adjudicated neglected; neither are the subject of this TPR). The trial court adopted a primary plan of adoption. Over several permanency planning hearings the court found the parents were not making progress on their case plans and refused to admit or acknowledge the abuse and neglect they imposed on the juveniles. Father of the juvenile who is the subject of this action was later incarcerated following a severe domestic violence incident with Mother for which Mother did not file a DVPO, engaged in calls with Father from jail, and stated her intent for reunification of the family with Father. Father proposed two possible relative placements that DSS ruled out due to safety concerns. DSS motioned for TPRs and the parents’ rights were terminated based on the grounds of neglect and willful failure to make reasonable progress to correct the conditions which led to the child’s removal. The court of appeals affirmed the adjudication of the ground of neglect. This summary discusses Mother’s and Father’s appeal of the trial court’s determination that terminating their parental rights was in the juvenile’s best interest. Mother challenges two dispositional findings as unsupported by competent evidence; Father argues the trial court abused its discretion by not making adequate findings about the two relatives he proposed for placement.
- Dispositional findings are reviewed to determine whether they are supported by competent 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 factors it considers relevant. The trial court determines the weight of each factor, and a reviewing court “may not substitute [its] preferred weighing of the relevant statutory criteria for that of the trial court.” Sl. Op. at 23 (citation omitted). The “Supreme Court has consistently held that a trial court is not required to consider potential relative placements during the dispositional phase of a TPR proceeding.” Sl. Op. at 23.
- Challenged findings are supported by competent evidence. Social worker testimony and the GAL report support the court’s finding that there is a bond between the child and the parents and that no evidence was presented to describe the bond or show whether the child recognized Mother and Father as his parents. Unchallenged, binding adjudicatory findings incorporated by reference into the dispositional findings show the court weighed the testimony of Father’s relatives and the social worker to determine the relatives were appropriately ruled out for possible placement and that no evidence presented at the hearing warranted reconsideration of Father’s proposed relative placements.
- The trial court properly considered the relevant factors of G.S. 7B-1110 and did not abuse its discretion in determining termination of Mother’s and Father’s parental rights were in the juvenile’s best interest. Written dispositional findings of relevant factors include that the juvenile was two years old and had been in DSS custody since he was one month old; termination would aid in accomplishing the primary permanent plan of adoption; the parents’ insufficient progress in addressing the conditions of the child’s removal make reunification unlikely and it is not in the child’s best interest to stay in DSS custody to give the parents more time to show progress or find an appropriate alternative placement; the juvenile has a bond with the parents and no evidence was presented of the type of bond or whether the child recognizes the respondents as his parents; Father missed all visits with the child during incarceration due to the DV incident with Mother; the juvenile has lived with his current foster family for 21 months and has a strong, loving bond with his foster parents and foster siblings; the foster parents have met all of the juvenile’s physical, mental, emotional, and developmental needs and have expressed a desire and commitment to adopt the juvenile, making the likelihood of adoption very high.
Category:
Termination of Parental RightsStage:
DispositionTopic:
Best Interests Findings