Termination of Parental Rights
82.10.c Grounds for Termination-Willfully Leaving in Foster Care 7B-1111(a)(2)
In
Re S.N.M., COA04-1501, Katherine Chester for appellant-mother
The mother did not "willfully" leave her child in foster care when
she made progress on her case plan even though DSS failed to materially assist
her in achieving the goals and the goals were patently unrealistic.
COA
Opinion
In
Re B.C.T., COA06-458, Sofie Hosford for appellant-father
Satisfying nearly every DSS requirement, such as completion of treatment and
classes and obtaining stable housing and employment demonstrated that father
did make reasonable progress and did not abandon his child.
COA
Opinion
In
Re D.M.Jr., COA06-1128, Thomas Kakassy for appellant-mother
The mother's status as a minor prevented her from having 'willfulness' necessary
for TPR ground of 12 months in foster care.
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, 12 months, and child support.
COA
Opinion
In
Re J.J., T.A.J. and T.E.J., COA06-1299, Duncan McCormick for appellant-mother
The trial court erred by concluding that the mother willfully left the children
in foster care without showing that reasonable progress had been made in correcting
the conditions that led to the removal of her children. Despite being incarcerated
for one year, the mother completed domestic violence, parenting and life skill
programs and was in compliance with her case plan.
COA
Opinion
In
Re H.L.A.D., COA07-34, Duncan McCormick for appellant-father
Private TPR. Section 7B-1111(a) (2) does not apply when the petitioners are
the child's guardians and not a county department of social services.
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 the parents
had willfully left the child in placement outside the home when the whereabouts
of the child were concealed and attempts at visitation were denied. It was also
error for the trial court to conclude that the parents had failed to correct
the conditions that led to placement outside the home as the mother's mental
health was stabilized, the father had completed an anger management program,
the parents had completed parenting classes and had maintained employment and
stable housing.
COA
Opinion
In Re B.L.H. and Z.L.H.,
COA07-1313, Annick Lenoir Peek for appellant-mother
The trial court considered the wrong time-frame and mistakenly found that Appellant's
actions were willful in finding this ground for termination of parental rights.
Even though the children were placed out of the home 12 months prior to the
filing of the TPR petition, such placement was voluntary and not pursuant to
a DSS petition or a court order.
COA
Opinion
In
Re K.M.F., K.B.D., COA08-519, Michael Casterline for appellant-father
The trial court erred in concluding that the father had not made progress toward
correcting the conditions which led to the removal of the child when the father
had no part in creating those conditions.
COA
Opinion
In
Re D.N., COA08-870, Michael Casterline for appellant-father
The trial court erred in failing to consider evidence that the father was employed,
had followed his case plan and had repaired water service to the home.
COA
Opinion
In
Re C.M.W., COA09-295, Betsy Wolfenden for appellant-father
The trial court erred when it failed to consider the minor father's age-related
limitations as to willfulness.
COA
Opinion