Termination of Parental Rights
82.06.b Petition/Motion to Terminate-Standing 7B-1103
In
Re T.B., J.B., and C.B., COA05-1059, Duncan McCormick for appellant-mother
The trial court erred by failing to grant the Respondent's motions to dismiss
on the ground that the petitioner failed to attach a copy of the order vesting
custody in DSS as required by N.C.G.S. 7B-1104(5).
COA
Opinion
In
Re C.N.R., COA05-1159, Peter Wood for appellant-mother
The trial court was without jurisdiction to conduct the TPR hearing where the
petitioners lacked standing because adoption petition was filed after petition
to TPR, the child had not been placed with the petitioners for two years and
the child was not placed with the petitioners as an adoptive placement.
COA
Opinion
In
Re M.P., COA05-1688, Don Willey for appellant-mother
In a private TPR, petitioner lacked standing to file the petition when the TPR
order does not find the adoption petition was filed before the TPR petition.
COA
Opinion
In
Re D.M.Jr., COA06-1128, Robert Ewing for appellant-father
TPR petition failed to meet statutory requirements. The petition failed to identify
the Petitioner as one authorized by G.S. 7B-1103 to file a petition, the petition
failed to set forth the name and address of any person or agency to whom custody
of the child has been given by any court and there was no order conferring custody
of the children upon the petitioner.
COA
Opinion
In
Re T.M., COA06-1271, Susan P. Hall for appellant-father
DSS lacked standing to file TPR petition because no order granting custody to
DSS was attached to the petition. Further, the disposition order in the underlying
file that had granted DSS custody had been vacated by the COA and the nonsecure
custody orders in the underlying file were not legally sufficient to meet the
requirements of N.C. Gen. Stat. § 7B-1103(a)(3) (2005).
COA
Opinion
In
Re B.O., COA09-400, Robert Ewing for appellant-mother
The trial court erred by hearing a TPR petition filed by persons who did not
have standing pursuant to 7B-1103.
COA
Opinion