In re C.A.D., ___ N.C. App. ___ (March 5, 2025)

Held: 
Affirmed
  • Facts: The child was adjudicated neglected and dependent based on Mother’s substance use and mental health. DSS filed a motion in the underlying proceeding seeking to TPR. Mother failed to appear at the TPR hearing. Mother’s counsel motioned to continue the hearing based on Mother’s absence. Counsel stated that he had spoken with Mother the week before the hearing and asked her to appear since she wished to contest the action. DSS objected and the motion was denied. Mother’s parental rights were terminated based on four grounds. Mother appeals, arguing the trial court abused its discretion in denying the continuance.
  • Denial of a motion to continue that does not assert a constitutional basis is reviewed for abuse of discretion. Denial may be grounds for a new trial only if the respondent can show the trial court erred and that error was prejudicial.
  • G.S. 7B-1109(d) governs motions to continue a TPR and requires extraordinary circumstances, when necessary for the administration of justice, for any continuance that extends beyond ninety days from the date of the initial petition. Continuances are disfavored and the burden of showing sufficient grounds is on the party seeking the continuance. “The chief consideration is whether granting or denying a continuance will further substantial justice.” Sl. Op. at 5 (citation omitted).
  • The trial court did not abuse its discretion. A continuance would have gone beyond ninety days from when the petition was filed and therefore Mother was required to show the existence of extraordinary circumstances and did not do so. The record shows Mother had notice of the hearing, was not present, and offered no explanation for her absence. Counsel’s motion to continue was based solely on Mother’s absence and therefore any argument that the denial violated Mother’s constitutional rights is waived. Further, it is unlikely Mother was prejudiced by the denial given counsel’s advocacy at the TPR hearing and the unchallenged findings of fact supporting the TPR.
Category:
Termination of Parental Rights
Stage:
Hearing
Topic:
Continuance
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