Justia North Carolina Supreme Court Opinion Summaries

The Supreme Court affirmed the order of the trial court terminating the parental rights of Father to his daughter, holding that the issues identified by counsel in Father's appeal were meritless.The trial court entered an order concluding that grounds existed to terminate Father's parental rights based on neglect, willfully leaving his child in foster care for more than twelve months without showing reasonable progress, and attempted murder of another child residing in the home. The trial court further determined that it was in the child's best interests to terminate Father's parental rights. On appeal, the Supreme Court reviewed issues identified by counsel in a no-merit brief in light of the entire record and concluded that the trial court properly found that grounds existed pursuant to N.C. Gen. Stat. 7B-1111(a)(1) to terminate Father's parental rights and that termination was in the best interests of the child. View "In re S.F.D." on Justia Law

The Supreme Court affirmed the order of the trial court terminating Mother's parental rights in her child, holding that N.C. Gen. Stat. 7B-1101.1(d) was not violated in this case.Section 7B-1101.1(d) establishes the right of a parent to appointed counsel and, in some circumstances, to a guardian ad litem (GAL) in a termination of parental rights proceeding. The statute further provides that counsel shall not be appointed to serve as the GAL and the GAL shall not act as the parent's attorney. On appeal, Mother argued that she was denied a fundamentally fair termination proceeding because her GAL examined some witnesses and presented legal arguments on her behalf, in violation of section 7B-1101.1(d). The Supreme Court disagreed, holding that because Mother was afforded both an attorney and a GAL the statute was not violated when counsel acted as Mother's attorney and the GAL assisted counsel in the presentation of the case to ensure that Mother was effectively represented. View "In re J.E.B., II" on Justia Law

The Supreme Court reversed in part and vacated and remanded in part the trial court's order terminating Respondent's parental rights to his child, holding that this case was, in large part, controlled by In re K.N., 837 S.E.2d 861 (N.C. 2020), necessitating reversal in part and vacatur in part.Petitioner, the child's mother, filed a motion to terminate Respondent's parental rights. The trial court determined that grounds existed to terminate Respondent's parental rights pursuant to N.C. Gen. Stat. 7B-1111(a)(1), (4), and (6) and that it was in the child's best interests that Petitioner's parental rights be terminated. The Supreme Court reversed the portions of the trial court's order concluding that Respondent's parental rights were subject to termination under sections 7B-1111(a)(1) and (6) and vacated the portions of the order adjudicating grounds for termination under section 7B-1111(a)(4), holding that the trial court erred by concluding that grounds existed pursuant to sections 7B-1111(a)(1) and (6) and that the court's findings of fact were insufficient to support termination based on section 7B-1111(a)(4). View "In re C.L.H." on Justia Law

The Supreme Court affirmed the judgment of the trial court terminating the parental rights of Mother to her daughter, holding that the trial court properly adjudicated the existence of grounds to terminate Mother's parental rights based on her neglect of the child.After a hearing, the trial court adjudicated the existence of two statutory grounds for terminating Mother's parental rights: Mother's neglect of the child and Mother's willful failure to make reasonable progress to correct the conditions leading to the child's removal from the home. The court then concluded that it was in the child's best interests to terminate Mother's parental rights. The Supreme Court affirmed, holding that, although Mother identified some harmless inaccuracies in the trial court's adjudicatory findings of fact, the court's remaining findings of fact supported its conclusions of law that grounds existed to terminate Mother's parental rights for her neglect of the child under N.C. Gen. Stat. 7B-1111(a)(1). View "In re S.R.F." on Justia Law

The Supreme Court affirmed in part and vacated in part the judgment of the district court determining that termination of Father's parental rights was not in the child's best interests and dismissing Bethany Christian Services' petition to terminate parental rights, holding that a challenged portion of one of the trial court's findings of fact was erroneous.Specifically, the Supreme Court held (1) the trial court’s admission of the guardian ad litem’s report during the dispositional stage of the termination proceeding without allowing the child's guardian ad litem to be cross-examined about the report was not an abuse of discretion; and (2) the trial court’s written order contained a key finding of fact that lacked evidentiary support in the record and could be read as reflecting an inappropriate bias against adoption, and this inappropriate finding was prejudicial. View "In re R.D." on Justia Law

The Supreme Court reversed the order of the district court terminating Mother's parental rights to her minor daughter, holding that Petitioners did not prove by clear, cogent, and convincing evidence that grounds existed to terminate Mother's parental rights and that the requirements of N.C. Gen. Stat. 7B-1111(a)(6) and (7) were not met in this case.The trial court ultimately appointed Petitioners as the child's legal permanent guardians pursuant to N.C. Gen. Stat. 7B-600. Petitioners filed a petition seeking to terminate Mother's parental rights in order to adopt the child. The district court terminated Mother's parental rights pursuant to N.C. Gen. Stat. 7B-1111(a)(6) and (7). The Supreme Court reversed, holding that the requirements of section 7B-1111(a)(6) were not met because the child resided with legal permanent guardians and that the record lacked any evidence supporting a conclusion that Mother acted willfully within the meaning of section 7B-1111(a)(7). View "In re A.L.L." on Justia Law

The Supreme Court affirmed the orders of the trial court terminating Father's parental rights to his two biological children, holding that the trial court did not abuse its discretion in finding the existence of the ground for termination of neglect.On appeal, Defendant argued that his guardian ad litem, appointed pursuant to N.C. R. Civ. P. 17 and N.C. Gen. Stat. 7B-1101.1, did not participate sufficiently to satisfy the statutory requirements, and therefore, the trial court erred in advancing the adjudication and disposition proceedings. The Supreme Court affirmed, holding (1) Father did not identify any actions his guardian ad litem could have taken that would have improved Father's chances to obtain a decision in his favor and did not show that the guardian ad litem did not otherwise adequately assist him in executing his legal rights; and (2) the ground of neglect supported the termination of Father's parental rights. View "In re W.K." on Justia Law

The Supreme Court reversed the orders of the trial court terminating Mother's parental rights in her two children, holding that, given the very limited inquiry inquiry that the trial court undertook before allowing Mother's counsel's withdrawal motion, the trial court erred by allowing that motion.During the termination proceedings, Mother retained Roy Dawson to represent her. Dawson later filed motions seeking leave to withdraw as Mother's counsel in the proceedings. The trial court granted the request without further inquiry. After a termination of parental rights hearing, Mother's parental rights were terminated. Mother appealed, arguing that the trial court failed to make a proper inquiry before allowing Dawson's withdrawal motion. The Supreme Court agreed and reversed, holding that the trial court erred by allowing Mother's counsel to withdraw his representation of Mother without (1) making an adequate inquiry into the circumstances surrounding the making of that motion; and (2) inquiring, at the time Mother appeared at the termination hearing, whether she was represented by counsel, whether she wished to apply for court-appointed counsel, or whether she wished to represent herself. View "In re K.M.W." on Justia Law

The Supreme Court affirmed the trial court's order terminating Mother's parental rights, holding that the trial court did not err in determining that Mother's parental rights in the children were subject to termination on the basis of neglect pursuant to N.C. Gen. Stat. 7B-1111(a)(1) and that termination of Mother's parental rights would be in the children's best interests.The trial court concluded that Mother's parental rights were subject to termination on the basis of neglect and that termination of Mother's parental rights would be in the children's best interests. The Supreme Court affirmed, holding (1) the trial court's ultimate findings that there was current ongoing neglect and a likelihood of repetition of neglect were supported by the record evidence; and (2) the trial court's evidentiary and ultimate findings had sufficient record support. View "In re J.J.H." on Justia Law

The Supreme Court affirmed the order of the trial court terminating Father's parental rights to Beth, holding that the trial court did not err.After a termination hearing, the trial court terminated Father's parental rights, concluding that grounds existed for termination under N.C. Gen. Stat. 7B-1111(a)(1), (2), (5), and (7). The written termination order did not explicitly state that the grounds to terminate Father's parental rights were proved by clear, cogent, and convincing evidence. The Supreme Court affirmed, holding that, where the trial court stated the statutorily-mandated standard of proof in open court and there was nothing in the order indicating the trial court applied the incorrect standard of proof, the trial court did not reversibly err by failing to explicitly state the correct standard of proof in the written termination order. View "In re B.L.H." on Justia Law