Justia North Carolina Supreme Court Opinion Summaries

The Supreme Court affirmed the order of the trial court terminating the parental rights of Mother and Father to their minor child T.B., holding that there was no error.After a termination hearing, the trial court entered an order terminating Parents' parental rights, concluding that four grounds alleged in the termination motion existed to terminate both Parents' parental rights and that it was in T.B.'s best interests to terminate Parents' rights. The Supreme Court affirmed, holding (1) there was no error to the trial court's challenged findings of fact; (2) there was substantial evidence to support the conclusion that there was a likelihood of repetition of neglect as to Mother; and (3) the trial court's order terminating Father's parental rights in the child was supported by competent evidence and based on proper legal grounds. View "In re T.B." on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming in part and reversing in part the judgment of the trial court finding that the evidence presented was sufficient to support an adjudication of dependency but dismissing a claim of neglect, holding that the court of appeals' analysis showed improper deference to the trial court's conclusion of law.The Cumberland County Department of Social Services (DSS) filed a juvenile petition alleging Kelly to be a neglected and dependent juvenile. The trial court adjudicated Kelly to be dependent but, without explanation, dismissed the claim of neglect. The court of appeals affirmed the trial court's dismissal of the claim of neglect. The Supreme Court reversed and remanded in part, holding that the court of appeals failed to conduct a proper de novo review of the issue of neglect. View "In re K.S." on Justia Law

The Supreme Court affirmed the order of the trial court terminating Mother's parental rights in her minor child, holding that Mother was not entitled to her allegations of error.The Department of Social Services (DSS) filed a petition to terminate Mother's parental rights in Galena, alleging that grounds existed pursuant to N.C. Gen. Stat. 7B-1111(a)91), (2) and (6). The trial court concluded that grounds existed to terminate Mother's parental rights pursuant to each of the grounds DSS had alleged and concluded that it was in Galena's best interests that Mother's parental rights be terminated. The Supreme Court affirmed, holding that the trial court's determination that grounds existed to terminate Mother's parental rights for neglect pursuant to N.C. Gen. Stat. 7B-1111(a)(1) was supported by the unchallenged findings of fact. View "In re G.D.C.C." on Justia Law

The Supreme Court affirmed the judgment of the trial court terminating Mother's parental rights to her daughter, Carrie, and the trial court's earlier permanency-planning order that eliminated reunification from Carrie's permanent plan, holding that there was no reversible error.On appeal, Mother did not challenge the trial court's conclusions that grounds existed to terminate her parental rights or that termination was in the child's best interests. The Supreme Court affirmed, holding that the trial court (1) did not err by denying Mother's motion to continue the termination hearing; (2) did not reversibly err in failing to comply with the requirements of the Indian Child Welfare Act because there was no reason for the court to know that Carrier was an Indian child under 25 C.F.R. 23.107(c); and (3) did not abuse its discretion by eliminating Mother's visitation with Carrie in a permanency-planning order. View "In re C.C.G." on Justia Law

The Supreme Court affirmed the order of the trial court terminating Father's parental rights to Alice, a minor child, holding that the issues identified by Father's counsel as arguably supporting an appeal were meritless.Specifically, the Supreme Court held (1) the trial court did not err in deciding to discontinue reunification efforts; (2) the evidence and findings of fact supported the trial court's determination that grounds existed to substantiate the termination of Father's parental rights to Alice; and (3) the trial court did not abuse its discretion in concluding that it would be in Alice's best interests for Father's parental rights to be terminated. View "In re A.K." on Justia Law

The Supreme Court affirmed the order of the trial court that terminated the parental rights of Father to Ronnie, a minor child, holding that the trial court did not abuse its discretion.After a hearing, the trial court concluded that two grounds for termination existed under N.C. Gen. Stat. 7B-1111(a)(1) and (2) and that termination of Father's parental rights was in the child's best interests. The Supreme Court affirmed, holding (1) at least one of the grounds found by the trial court for the termination of Father's parental rights was supported by clear, cogent, and convincing evidence; and (2) the trial court did not abuse its discretion in determining that the child's best interests would be served by the termination of Father's parental rights. View "In re J.R.F." on Justia Law

The Supreme Court affirmed the order of the trial court terminating Father's parental rights to his daughter, holding that the trial court's order terminating Father's parental rights was supported by clear, cogent and convincing evidence and was based on proper legal grounds.Respondent, the father of the child in this case, had not seen his daughter since she was a year and a half old and never pursued legal action to legitimate the child. Petitioner filed a petition alleging a ground existed to terminate Respondent's parental rights pursuant to N.C. Gen. Stat. 7B-1111(a)(5), failure to legitimate. The trial court concluded that a ground existed to terminate Respondent's parental rights and that termination was in the child's best interests. The Supreme Court affirmed, holding that there was no error. View "In re K.M.S." on Justia Law

The Supreme Court affirmed the order of the trial court terminating Respondent's parental rights, holding that the purported issues addressed by counsel in support of the appeal were meritless.After a hearing, the trial court concluded that grounds existed to terminate Father's parental rights based on willful abandonment and willful failure without justification to pay for the child's care. See N.C. Gen. Stat. 7B-1111(4) and (7). The trial court further concluded that termination was in the child's best interests. The Supreme Court affirmed after reviewing the issues identified by Father's counsel in a no merit brief, holding that the trial court's order was supported by clear, cogent, and convincing evidence and was based on proper legal grounds. View "In re J.I.T." on Justia Law

The Supreme Court affirmed the order of the trial court terminating Mother's parental rights to her juvenile child, holding that the trial court did not abuse its discretion in concluding that termination was in the child's best interests.After a hearing, the trial court terminated Mother's parental rights on the grounds of abuse, neglect, and dependency. See N.C. Gen. Stat. 7B-1111(a)(1)-(2). The court further found that it was in the child's best interests to terminate Mother's parental rights. The Supreme Court affirmed, holding (1) Mother's challenges to the court's findings of fact were unavailing; and (2) the court did not abuse its discretion in making its best interests determination. View "In re N.B." on Justia Law

The Supreme Court affirmed the order of the trial court terminating Father's parental rights in his child, holding that there was no error.After a termination hearing, the trial court concluded that grounds existed to terminate Mother's and Father's parental rights pursuant to N.C. Gen. Stat. 7B-1111(a)(1) and (2) and that termination of the parents' parental rights was in the child's best interests. Father was the only party to this appeal. The Supreme Court affirmed, holding (1) Father's challenges to the trial court's findings of fact were unavailing; and (2) the trial court did not err in adjudicating neglect as a ground for termination of Father's parental rights pursuant to N.C. Gen. Stat. 7B-1111(a)(1). View "In re R.G.L." on Justia Law