In re: T.M.

Summary

The North Carolina Court of Appeals affirmed an order terminating the respondent-mother's parental rights based on neglect, failure to make reasonable progress while the child remained in foster care, and dependency. The court held that the trial court did not misapprehend the law when it determined that guardianship was not in the child's best interest and that termination would better promote permanence.

Holdings

1. The trial court did not misapprehend the law by finding that the primary permanent plan could be accomplished only through termination of Mother's parental rights and by determining that guardianship was not in the child's best interest. The findings reflected the court's evaluation and weighing of the statutory factors and evidence, not a legal conclusion that adoption is the only permanent plan as a matter of law.
2. A trial court is not required to make written findings regarding every dispositional alternative it considered, including non-termination alternatives such as custody or guardianship.
3. The trial court did not abuse its discretion in determining that termination of Mother's parental rights was in the child's best interest.

Questions Presented

1. Whether the trial court misapprehended the law by finding that the child's permanent plan could be accomplished only through termination of Mother's parental rights.
2. Whether the trial court improperly failed to give adequate consideration to guardianship and other non-termination dispositional alternatives in determining that termination was in the child's best interest.
3. Whether the trial court abused its discretion in determining that termination of Mother's parental rights was in the child's best interest.

Disposition

affirmed