Termination of Parental Rights

82.10.b Grounds for Termination-Neglect 7B-1111(a)(1)

In Re A.N.B., COA03-501, SCT428P04, Janet K. Ledbetter for appellee-father
New Brief for SCT. Private TPR where the COA reversed because the child custody order prohibited father from any type of contact with child thus preventing father from providing the child with the type of care required to overcome an allegation of neglect.
COA Opinion

In Re O.C. and B.C., COA04-923, Katherine Chester for appellant-mother
DSS was required to prove neglect at TPR as there was no prior adjudication of neglect. The trial court erred in finding neglect as grounds for TPR when the mother could not comply with some of her case plan requirements.
COA Opinion

In Re C.C., COA04-1448, Mercedes Chut for appellant-mother
The trial court did not look at circumstances at the time of hearing to determine neglect.
COA Opinion

In Re D.M.W., COA05-70, Richard Croutharmel for appellant-mother
The mother completed substance abuse treatment, domestic violence counseling, and parenting classes recommended but not through the programs requested by DSS. The evidence did not support the trial court's findings and conclusions that grounds existed to TPR based on neglect.
COA Opinion
SCT Opinion

In Re E.J.R., COA05-668, Richard Croutharmel for appellant-father
DSS was required to prove neglect at TPR hearing as there was no prior adjudication of neglect. The trial court erred in finding neglect as grounds for TPR when the father had completed anger management training, obtained suitable housing, maintained employment, and obtained a drug and alcohol assessment.
COA Opinion

In Re V.T. and A.T., COA06-355, Katherine Chester for appellant-mother
The trial court failed to specifically indicate the statutory grounds upon which it was terminating mother's parental rights.
COA Opinion

In Re S.P., COA06-1082, Katherine Chester for appellant-mother
All of the other evidence presented at trial related to events which transpired long before the hearing took place except for the mother's testimony about the current conditions of her home, including that she was raising 3 year old twins without interference from DSS.
COA Opinion

In Re D.M.Jr., COA06-1128, Robert Ewing for appellant-father
Since the respondent father participated and was actively involved in his case plan and because the findings of fact show this involvement, the trial court erred in concluding there was neglect at the time of the TPR hearing.
COA Opinion

In Re M.I.T., COA06-1214, Sofie Hosford for appellant-mother
Any neglect from the original adjudication was not likely to reoccur, given the improvements the mother had made in her own life. As such, the trial court erred in finding and concluding that grounds existed to terminate the mother's parental rights because she had neglected her children and that there was a likelihood of a repetition of that neglect.
COA Opinion

In Re C.D. and L.H., COA06-1262, Thomas Kakassy for appellant-mother
The mother's status as a minor prevented her from having 'willfulness' necessary for TPR grounds of neglect.
COA Opinion

In Re K.S.E., COA07-210, K. Edward Greene, Adrienne Allison for appellant-mother
The mother's concession that she could not meet the child's needs alone does not support the trial court's conclusion of a probability of repetition of neglect, in that Respondent, like DSS, can take advantage of mental health services to aid her in caring for the child's special needs. The evidence shows Respondent cooperated fully with DSS and other health providers regarding the child's needs, and DSS presented no evidence to suggest Respondent would not continue to cooperate.
COA Opinion

In Re S.L.E., COA07-560, Rebekah Davis for appellant-mother
In a private TPR, it was error for the trial court to conclude that there was any neglect when the petitioners had concealed the whereabouts of the child and attempts at visitation were denied.
COA Opinion

In Re R.B.B., COA07-727, Annick Lenoir Peek for appellant-mother
DSS was required to prove neglect at the TPR hearing as adjudication, disposition and TPR petitions were heard simultaneously. The trial court erred in finding neglect as grounds for TPR when the mother had attended visits and the child's medical appointments, had completed anger management training and parenting classes, and had obtained suitable housing, maintained employment, and separated from her boyfriend.
COA Opinion

In Re C.M.H., B.N.H. and S.W.A., COA07-851, Lisa Skinner Lefler for appellant-father
Any neglect from the original adjudication was not likely to reoccur, given the improvements the father had made in his life despite being incarcerated through most of the case history. He had attended substance abuse treatment and parenting classes and regularly wrote the children and the social worker.
COA Opinion

In Re N.S.P. and J.M.P., COA07-891, Michael Casterline for appellant-mother
Although the record contains evidence supporting the prior adjudication of neglect, the record does not contain clear, cogent and convincing evidence that the respondent-mother would continue to neglect the children.
COA Opinion

In Re J.G., COA07-1026, Lisa Skinner Lefler for appellant-father
This child had originally been adjudicated neglected solely on the basis of injuries to an older sibling that occurred 5 years earlier. There was no evidence that this child had ever been neglected nor was there evidence that the child was at substantial risk of neglect at the time of the TPR hearing.
COA Opinion

In Re C.J.G.S., M.M.J.S., COA07-586, Jon Myers for appellant-mother
The trial court erred in failing to consider evidence that the mother had corrected the unsanitary conditions which served as the basis for the initial removal of the children from the home.
COA Opinion

In Re K.M.F., K.B.D., COA08-519, Michael Casterline for appellant-father
The trial court erred in terminating the father's parental rights on the grounds of neglect when it made no findings that the father was neglecting his child at the time of the termination hearing.
COA Opinion

In Re E.R.A., COA08-1072, Duncan McCormick for appellant-mother
The trial court erred in concluding that neglect was likely to recur where the mother had divorced the stepfather who committed the abuse and had followed through on her case plan.
COA Opinion

In Re M.X.R., COA08-1194, Richard Croutharmel for appellant-mother
The trial court erred in failing to consider evidence that the mother was employed and had followed her case plan.
COA Opinion