Permanency planning hearing—ceasing reunification efforts—required findings—The trial court's permanency planning order ceasing reunification efforts with respondent-mother was supported by its unchallenged findings of fact, made in accordance with the requirements of N.C.G.S. § 7B-906.2(d), which detailed respondent's lack of progress in securing stable housing and transportation, abstaining from alcohol use, attending visitation regularly, and demonstrating her participation in substance abuse treatment and domestic violence counseling. In re H.A.J. , 377 N.C. 43 (2021) (Author: Justice Anita Earls)

Permanency planning hearing—change in DSS recommendation—due process argument—notice—A respondent-mother was not materially prejudiced by the trial court's failure to continue a permanency planning review hearing after a department of social services and guardian ad litem requested a change to the permanent plan to cease reunification. Although respondent argued her due process rights were violated because she was not given sufficient notice of a new recommendation, respondent was necessarily on notice that the permanent plan could change at the hearing designated to review that plan, there was no requirement that she be given advance notice of a changed recommendation, and she failed to show how a continuance would have altered the result of the hearing. In re H.A.J. , 377 N.C. 43 (2021) (Author: Justice Anita Earls)

Best interests of children—statutory factors—sufficiency of evidence—weight and credibility—The trial court did not abuse its discretion by determining that termination of a father's parental rights was in the best interests of his two children where the court's findings addressed the relevant dispositional factors in N.C.G.S. § 7B-1110(a) and were supported by competent evidence (which the court properly weighed and assessed for credibility). The court found the father willfully abandoned his children by having no contact with them for five and a half years, and the children lacked a bond with their father but had a close relationship with their grandparents, who had provided for all their educational, emotional, and financial needs in the father's absence and had filed a civil action seeking custody of the children. In re G.G.M. , 377 N.C. 29 (2021) (Author: Justice Anita Earls)

Best interests of the child—statutory factors—weighing of factors—The trial court's conclusion that termination of respondent-mother's parental rights was in the best interest of her two children was supported by its unchallenged findings of fact, which addressed the statutory factors in N.C.G.S. § 7B-1110(a), and which demonstrated the court's careful consideration of the nature of the bond each child had with respondent as well as of each child's placement history as it pertained to the likelihood of being adopted. The court did not abuse its discretion by weighing certain factors more heavily than others in its final determination. In re H.A.J. , 377 N.C. 43 (2021) (Author: Justice Anita Earls)

Delayed termination hearing—statutory violation—petition for a writ of mandamus—proper remedy—An order terminating respondent-father's parental rights to his two children on multiple grounds was affirmed where, even though the trial court committed reversible error by holding the termination hearing thirty-three months after the department of social services filed the termination petitions (which violates the requirement under N.C.G.S. § 7B-1109 to hold the hearing no later than ninety days after a petition is filed), respondent-father failed to file a petition for a writ of mandamus during that thirty-three-month delay to address the issue. In re C.R.L. , 377 N.C. 24 (2021) (Author: Justice Robin Hudson)

Effective assistance of counsel—no showing of prejudice —Respondent-father's claim that he received ineffective assistance of counsel at a termination of parental rights hearing–arguing his counsel failed to make any objections during the hearing and failed to introduce certain evidence that could have helped his case–was rejected because he failed to show he was prejudiced as a result of his counsel's allegedly deficient conduct. In re G.G.M. , 377 N.C. 29 (2021) (Author: Justice Anita Earls)

Grounds for termination—abandonment—willful intent—sufficiency of findings and evidence—The trial court properly terminated a father's rights to his two children on grounds of willful abandonment (N.C.G.S. § 7B-1111(a)(7)) where the court's findings of fact–supported by clear, cogent, and convincing evidence–established that the father did not contact the children for five and a half years before the termination petition was filed (with the exception of one brief interaction) and provided no care or financial support during that time, which supported the court's conclusion that he intended to abandon the children. Although the father testified that he stopped seeing the children out of fear for their safety after he was injured in an unsolved shooting, the weight and credibility of this evidence could not be reassessed on appeal. In re G.G.M. , 377 N.C. 29 (2021) (Author: Justice Anita Earls)

Grounds for termination—failure to make reasonable progress—The trial court properly terminated the parental rights of respondent-mother for willful failure to make reasonable progress to correct the conditions which led to the removal of the children where the evidence showed that respondent left the children in foster care for sixteen months, she never obtained the required substance abuse assessment (despite losing custody of the children due to substance abuse issues), she repeatedly failed drug screens, and she did not comply with any of the mental health aspects of the case plan. In re A.M.L. , 377 N.C. 1 (2021) (Author: Justice Tamara Barringer)

Grounds for termination—failure to make reasonable progress—sufficiency of findings—domestic violence—The trial court properly terminated a mother's parental rights to her children for failure to make reasonable progress in correcting the conditions that led to the children's removal from her home (N.C.G.S. § 7B-1111(a)(2)). The findings of fact challenged on appeal, which were supported by clear, cogent, and convincing evidence, showed that the mother failed to address domestic violence issues stemming from her relationship with her youngest child's father by continuing the relationship (even though he kept on perpetuating new incidents of domestic violence), repeatedly lying to the court about having ended the relationship, and failing to attend domestic violence counseling despite her means and ability to do so. In re L.N.G. , 377 N.C. 81 (2021) (Author: Justice Michael Morgan)

Grounds for termination—neglect—likelihood of future neglect—incarceration—The trial court's order terminating respondent-father's parental rights was affirmed where respondent's lengthy term of incarceration (which implicated a future likelihood of neglect since he could not provide proper care, supervision, and discipline to the children while incarcerated) combined with his history of drug use and incarcerations for drug offenses, his lack of care and attention to the children when he was not incarcerated, and a history of domestic abuse between respondent and the children's mother witnessed by the children, supported the trial court's conclusion that respondent's parental rights were subject to termination on the grounds of neglect due to a likelihood of future neglect. In re J.S. , 377 N.C. 73 (2021) (Author: Justice Anita Earls)

Grounds for termination—neglect—likelihood of future neglect—substance abuse and unstable housing and employment—The trial court's termination of respondent-mother's parental rights based on neglect due to a likelihood of future neglect was affirmed where the child was previously adjudicated neglected, respondent had made only limited progress on the issues that led to the prior adjudication, her substance abuse continued after the child entered DSS custody, her housing situation remained unstable, and she was unable to maintain stable employment. In re B.T.J. , 377 N.C. 18 (2021) (Author: Justice Robin Hudson)

Grounds for termination—neglect—likelihood of repetition of neglect—substance abuse—The trial court properly terminated respondent-mother's parental rights to her two children on the ground of neglect where its findings demonstrated a likelihood of the repetition of past neglect if the children were returned to respondent's care, based on her ongoing substance abuse, domestic violence between her and her partner, and lack of sustained progress on her case plan. In re H.A.J. , 377 N.C. 43 (2021) (Author: Justice Anita Earls)

Grounds for termination—willful abandonment—incarceration and restraining order—no emotional or material support—domestic abuse—The trial court's order terminating the parental rights of respondent-father on the grounds of willful abandonment was affirmed where respondent was aware of his ability to seek legal custody and visitation rights (and how to obtain such relief) despite the limitations of his incarceration and a restraining order prohibiting contact with the child and her mother, he did not provide any emotional or material support during the determinative period although he could have done so, and his domestic abuse of the mother which led to the restraining order supported an inference of willfulness for purposes of N.C.G.S. § 7B-1111(a)(7). In re I.R.M.B. , 377 N.C. 64 (2021) (Author: Justice Tamara Barringer)

No-merit brief—abandonment—The termination of a father's parental rights on grounds of abandonment was affirmed where his counsel filed a no-merit brief and the termination order was supported by clear, cogent, and convincing evidence and was based on proper legal grounds. In re A.R.P. , 377 N.C. 16 (2021) (Author: Chief Justice Paul Newby)

No-merit brief—neglect—failure to pay reasonable portion of cost of care—The termination of a mother's parental rights for neglect and for failure to pay a reasonable portion of the costs for the child's care was affirmed where counsel for the mother filed a no-merit brief. The trial court's order was supported by clear, cogent, and convincing evidence and was based on proper legal grounds. In re M.C.T.B. , 377 N.C. 92 (2021) (Author: Justice Per Curiam)

No-merit brief—termination on multiple grounds—both parents—The trial court's order terminating the parental rights of a mother based on neglect and willful failure to make reasonable progress and of a father based on neglect, willful failure to make reasonable progress, and willful failure to pay a reasonable portion of the cost of the children's care was affirmed where their attorneys filed no-merit briefs and the order was based on clear, cogent, and convincing evidence supporting the grounds for termination. In re R.D.M. , 377 N.C. 94 (2021) (Author: Justice Anita Earls)