In re A.N.H.

Summary

The Supreme Court of North Carolina reviewed a termination-of-parental-rights order based on neglect and failure to make reasonable progress. The court held that several findings were unsupported by clear, cogent, and convincing evidence and that the supported findings were insufficient to establish grounds for termination, remanding for further proceedings.

Holdings

1. The trial court's findings that respondent denied illegal substance use to assessors, failed to provide truthful and accurate information, was in child-support arrears, failed to demonstrate the ability to provide appropriate care, failed to seek housing assistance, failed to complete individual therapy, and failed to attend PPAT meetings were unsupported by the evidence and had to be disregarded. The finding that respondent failed to complete intensive outpatient treatment was supported only to the extent that the record showed he had been recommended for and did not complete that treatment, not that the recommendation necessarily came from a particular CCA.
2. The supported findings did not establish a likelihood that A.N.H. would be neglected if returned to respondent-father's care, because they did not show that his drug use would result in a physical, mental, or emotional impairment of the juvenile or a substantial risk of such impairment. The findings were therefore insufficient to support termination on the ground of neglect.
3. The supported findings did not establish that respondent-father willfully failed to make reasonable progress toward correcting the conditions that led to A.N.H.'s removal. His positive drug screens and incomplete treatment, considered with his substantial compliance with the remainder of the case plan, were insufficient on the findings left standing to support termination under the statute.
4. When factual findings are insufficient to support termination and it is uncertain whether the erroneous findings were central or incidental to the trial court's resolution of fact-intensive statutory questions, the appropriate disposition is to vacate and remand for further proceedings rather than reverse and remand for dismissal.

Questions Presented

1. Whether the trial court's supported findings established a likelihood of future neglect sufficient to terminate respondent-father's parental rights under N.C.G.S. § 7B-1111(a)(1).
2. Whether the trial court's supported findings established that respondent-father willfully failed to make reasonable progress in correcting the conditions leading to the juvenile's removal under N.C.G.S. § 7B-1111(a)(2).
3. Whether challenged findings concerning respondent's disclosures to substance-abuse assessors, child-support arrears, visitation-based caregiving ability, housing efforts, therapy, and PPAT meetings were supported by the evidence.

Disposition

vacated