In re D.R.W., Jr., ___ N.C. App. ___ (March 5, 2025)
Held:
Affirmed
- Facts: Mother appeals the termination of her parental rights. The child at issue was adjudicated neglected based on stipulated facts regarding Mother’s substance use, unstable housing, inability to ensure school attendance, and temporary placements of the child with various people for varying amounts of time. Subsequent permanency planning hearings found that the child was doing well in foster placement; Mother had not supported or contacted the child except for a single two-minute phone call; Mother had been incarcerated at various times since the child’s removal; and Mother was not participating in her case plan or cooperating with DSS or the child’s GAL. The trial court eliminated reunification, denied Mother visitation rights, and made adoption the child’s primary plan. DSS filed a TPR petition, and the trial court adjudicated grounds to TPR based on willful abandonment and willful failure to make reasonable progress in correcting the conditions that led to the child’s removal. Mother challenges two adjudicatory findings as unsupported by the evidence and argues the trial court failed to make required findings regarding her limitations as to the willfulness of her actions.
- The adjudication of a ground to TPR is reviewed to “determine whether the findings are supported by clear, cogent and convincing evidence and [whether] the findings support the conclusions of law[.]” Sl. Op. at 9 (citation omitted). Conclusions of law are reviewed de novo.
- G.S. 7B-1111(a)(7) allows a trial court to terminate parental rights upon finding the parent “willfully abandoned the juvenile for at least six consecutive months immediately preceding the filing of the petition.” There must be evidence that the parent manifested “a willful determination to forego all parental duties and relinquish all parental claims to the child.” Sl. Op. at 10 (citation omitted). Incarceration is neither a sword nor a shield. “Although a parent’s options for showing affection while incarcerated are greatly limited, a parent will not be excused from showing interest in the child’s welfare by whatever means available.” Sl. Op. at 10 (citation omitted) (emphasis in original).
- Challenged findings are supported by other unchallenged, binding findings of fact and record evidence, including testimony of the social worker and Mother and the DSS and GAL court reports.
- The trial court appropriately considered Mother’s history and circumstances, including her incarceration, in concluding Mother willfully abandoned the child. The findings show that Mother made no effort to contact the child in any manner during the determinative six-month period, provided no support for the child, and took no action to show any love, affection, or parental concern for the child. Despite the ability to do so, Mother never wrote to the child after requesting visitation and the court having asked her to do so, and also failed to respond to a letter the child sent to her through DSS. Mother’s behavior evinces a complete failure to show any interest in the child.
Category:
Termination of Parental RightsStage:
AdjudicationTopic:
Abandonment