Termination of Parental Rights

82.12.b Order-Standard of Proof 7B-1109(f), 7B-1110, 7B-111(b)

In Re A.O.S., COA09-126, Mary McCullers Reece for appellant-father
The trial court erred when it failed to state the applicable standard of proof for finding the existence of grounds to terminate parental rights.
COA Opinion

In Re M.K.M. et al., COA09-838, Mary McCullers Reece for appellant-father
The trial court erred when it relied on the findings of fact from the underlying A/N/D dispositional hearing in the TPR adjudication hearing even though the standard of proof was lower at the dispositional hearing.
COA Opinion

In Re J.T.J., COA10-719, Joyce Terres for appellant-father
The trial court erred by incorporating findings of fact from domestic violence proceedings which were based on a preponderance of the evidence standard rather than a clear, cogent and convincing standard.
COA Opinion

In Re K.B., et al., COA10-771, Leslie Rawls for appellant-father
The trial court erred when it incorporated as Findings of Fact all underlying dispositional review orders as well as all DSS and Guardian ad Litem reports, and when it found as fact that each Order was supported by the evidence offered.
COA Opinion

In Re L.D.B., COA10-177, Joyce Terres for appellant-mother
The trial court erred by failing to state that it was making its findings by clear, cogent and convincing evidence in the order for termination of parental rights.
COA Opinion

In Re P.C.H., COA10-89, Robert Ewing for appellant-father
The trial court erred by failing to state the standard of proof it used in making its findings.
COA Opinion