In re K.M.S.

Summary

The Supreme Court of North Carolina affirmed an order terminating the respondent father's parental rights to K.M.S. under the statutory ground of failure to legitimate. The court reviewed the issues identified in appointed counsel's no-merit brief and concluded that the trial court's findings and termination order were supported by clear, cogent, and convincing evidence.

Holdings

1. When counsel files a no-merit brief under Rule 3.1(e), the appellate court must consider the issues identified in the brief and independently review them in light of the entire record.
2. The admission of the certified reply from DHHS did not provide a meritorious basis for reversal because N.C.G.S. § 7B-1111(a)(5)(a) requires that the certified reply concerning whether an affidavit of paternity was filed be submitted to and considered by the court, and respondent did not contest that the document was DHHS's certified reply.
3. The trial court's order terminating respondent's parental rights was supported by clear, cogent, and convincing evidence and rested on proper legal grounds.

Questions Presented

1. Whether the trial court properly admitted the certified reply from the North Carolina Department of Health and Human Services stating that no affidavit of paternity had been received.
2. Whether clear, cogent, and convincing evidence supported the trial court's findings and conclusions that a statutory ground existed to terminate respondent's parental rights and that termination was in the child's best interests.
3. What scope of appellate review is required when counsel files a no-merit brief under North Carolina Rule of Appellate Procedure 3.1(e).

Disposition

affirmed