North Carolina § 7B-1111 - Grounds for terminating parental rights.

§ 7B-1111. Grounds for terminating parental rights.

The court may terminate the parental rights upon a finding of one or more of the following: The parent has abused or neglected the juvenile. The juvenile shall be deemed to be abused or neglected if the court finds the juvenile to be an abused juvenile within the meaning of G.S. 7B-101 or a neglected juvenile within the meaning of G.S. 7B-101. The parent has willfully left the juvenile in foster care or placement outside the home for more than 12 months without showing to the satisfaction of the court that reasonable progress under the circumstances has been made in correcting those conditions which led to the removal of the juvenile. No parental rights, however, shall be terminated for the sole reason that the parents are unable to care for the juvenile on account of their poverty. The juvenile has been placed in the custody of a county department of social services, a licensed child-placing agency, a child-caring institution, or a foster home, and the parent has for a continuous period of six months immediately preceding the filing of the petition or motion willfully failed to pay a reasonable portion of the cost of care for the juvenile although physically and financially able to do so. One parent has been awarded custody of the juvenile by judicial decree or has custody by agreement of the parents, and the other parent whose parental rights are sought to be terminated has for a period of one year or more next preceding the filing of the petition or motion willfully failed without justification to pay for the care, support, and education of the juvenile, as required by the decree or custody agreement. The father of a juvenile born out of wedlock has not, prior to the filing of a petition or motion to terminate parental rights, done any of the following: Filed an affidavit of paternity in a central registry maintained by the Department of Health and Human Services. The petitioner or movant shall inquire of the Department of Health and Human Services as to whether such an affidavit has been so filed and the Department's certified reply shall be submitted to and considered by the court. Legitimated the juvenile pursuant to provisions of G.S. 49-10, G.S. 49-12.1, or filed a petition for this specific purpose. Legitimated the juvenile by marriage to the mother of the juvenile. Provided substantial financial support or consistent care with respect to the juvenile and mother. Established paternity through G.S. 49-14, 110-132, 130A-101, 130A-118, or other judicial proceeding. That the parent is incapable of providing for the proper care and supervision of the juvenile, such that the juvenile is a dependent juvenile within the meaning of G.S. 7B-101, and that there is a reasonable probability that the incapability will continue for the foreseeable future. Incapability under this subdivision may be the result of substance abuse, intellectual disability, mental illness, organic brain syndrome, or any other cause or condition that renders the parent unable or unavailable to parent the juvenile and the parent lacks an appropriate alternative child care arrangement. The parent has willfully abandoned the juvenile for at least six consecutive months immediately preceding the filing of the petition or motion, or the parent has voluntarily abandoned an infant pursuant to G.S. 7B-500 for at least 60 consecutive days immediately preceding the filing of the petition or motion. The parent has committed murder or voluntary manslaughter of another child of the parent or other child residing in the home; has aided, abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of the child, another child of the parent, or other child residing in the home; has committed a felony assault that results in serious bodily injury to the child, another child of the parent, or other child residing in the home; or has committed murder or voluntary manslaughter of the other parent of the child. The petitioner has the burden of proving any of these offenses in the termination of parental rights hearing by (i) proving the elements of the offense or (ii) offering proof that a court of competent jurisdiction has convicted the parent of the offense, whether or not the conviction was by way of a jury verdict or any kind of plea. If the parent has committed the murder or voluntary manslaughter of the other parent of the child, the court shall consider whether the murder or voluntary manslaughter was committed in self-defense or in the defense of others, or whether there was substantial evidence of other justification. The parental rights of the parent with respect to another child of the parent have been terminated involuntarily by a court of competent jurisdiction and the parent lacks the ability or willingness to establish a safe home. Where the juvenile has been relinquished to a county department of social services or a licensed child-placing agency for the purpose of adoption or placed with a prospective adoptive parent for adoption; the consent or relinquishment to adoption by the parent has become irrevocable except upon a showing of fraud, duress, or other circumstance as set forth in G.S. 48-3-609 or G.S. 48-3-707; termination of parental rights is a condition precedent to adoption in the jurisdiction where the adoption proceeding is to be filed; and the parent does not contest the termination of parental rights. The parent has been convicted of a sexually related offense under Chapter 14 of the General Statutes that resulted in the conception of the juvenile. The burden in these proceedings is on the petitioner or movant to prove the facts justifying the termination by clear and convincing evidence. History (1977, c. 879, s. 8; 1979, c. 669, s. 2; 1979, 2nd Sess., c. 1088, s. 2; c. 1206, s. 2; 1983, c. 89, s. 2; c. 512; 1985, c. 758, ss. 2, 3; c. 784; 1991 (Reg. Sess., 1992), c. 941, s. 1; 1997-390, ss. 1, 2; 1997-443, s. 11A.118(a); 1998-202, s. 6; 1998-229, ss. 11, 28; 1999-456, s. 60; 2000-183, s. 11; 2001-208, s. 6; 2001-291, s. 3; 2001-487, s. 101; 2003-140, s. 3; 2005-146, s. 1; 2007-151, s. 1; 2007-484, s. 26(a); 2012-40, s. 1; 2013-129, s. 35; 2018-47, s. 2.) Editor's Note. - This section was originally enacted as G.S. 7B-1110. It has been renumbered as this section at the direction of the Revisor of Statutes. Session Laws 2013-129, s. 41, made the amendment to subdivision (a)(5) by Session Laws 2013-129, s. 35, applicable to actions filed or pending on or after October 1, 2013. Session Laws 2018-47, s. 15, provides: "This act does not affect the coverage, eligibility, rights, responsibilities, or provision of State or federal services or benefits for individuals who have been diagnosed with mental retardation and whose diagnosis has not been changed to a diagnosis of intellectual disability." Session Laws 2018-47, s. 16, made the amendment of this section by Session Laws 2018-47, s. 2, effective October 1, 2018, and applicable to proceedings commenced on or after that date. Effect of Amendments. - Session Laws 2012-40, s. 1, effective October 1, 2012, added subdivision (a)(11). Session Laws 2013-129, s. 35, effective October 1, 2013, added "done any of the following" at the end of the introductory paragraph of subdivision (a)(5); made stylistic and punctuation changes at the end of sub-subdivisions (a)(5)a, (a)(5)b, and (a)(5)c; in sub-subdivision (a)(5)a, substituted "Filed an affidavit of paternity" for "Established paternity judicially or by affidavit which has been file" and "petitioner or movant" for "court," deleted "shall incorporate into the case record" preceding "the Department's certified," and added "shall be submitted to and considered by the court"; inserted "G.S. 49-12.1" in sub-subdivision (a)(5)b; and added sub-subdivision (a)(5)e. For applicability, see editor's note. Session Laws 2018-47, s. 2, effective October 1, 2018, in subsection (a), substituted "No parental rights, however" for "Provided, however, that no parental rights" at the beginning of the second sentence of subdivision (a)(2), substituted "parent has for a continuous period of six months immediately preceding the filing of the petition or motion" for "parent, for a continuous period of six months next preceding the filing of the petition or motion" in the middle of subdivision (a)(3), substituted "the decree" for "said decree" near the end of subdivision (a)(4), substituted 'Services. The" for "Services; provided, the" near the middle of sub-subdivision (a)(5)a., and, in subdivision (a)(6), substituted "the incapability" for "such incapability" near the end of the first sentence, and substituted "intellectual disability" for "mental retardation" near the middle of the second sentence; and, in subsection (b), substituted "these" for "such," "is on" for "shall be upon," and "the termination" for "such termination." For effective date and applicability, see editor's note. Legal Periodicals. - For survey of 1978 family law, see 57 N.C.L. Rev. 1084 (1979). For survey of 1979 constitutional law, see 58 N.C.L. Rev. 1326 (1980). For note on the indigent parent's right to have counsel furnished by State in parental status termination proceedings, see 17 Wake Forest L. Rev. 961 (1981). For survey of 1981 family law, see 60 N.C.L. Rev. 1379 (1982). For survey of 1982 law relating to family law, see 61 N.C.L. Rev. 1155 (1983). For article, "Coercive Governmental Intervention and the Family: A Comment on North Carolina's Proposed Standards," see 7 Campbell L. Rev. 145 (1984). For comment, "Termination of Parental Rights," see 21 Wake Forest L. Rev. 431 (1986). For note, "Minimizing the Putative Father's Rights: In re Adoption of Clark," see 68 N.C. L. Rev. 1257 (1990). For note: "The Established Standard for Fathers Who Have Acknowledged Paternity and Who Are Seeking Custody of Their Illegitimate Child(ren): Rosero v. Blake, 357 N.C. 193 (2003)," see 26 N.C. Cent. L.J. 116 (2003). For comment, "The Implications of In re L.M.T.: A Call to the North Carolina General Assembly to Reinstate Procedural Safeguards, a Parent's Right to Appeal, and the Importance of a Permanency Planning Order," see 38 Campbell L. Rev. 241 (2016). For article, "Preserving Your Right to Parent: The Supreme Court of North Carolina Addresses Unmarried Fathers' Due Process Rights in In Re Adoption of S.D.W.," see 94 N.C.L. Rev. 723 (2016). For comment, "N.C. Gen. Stat. § 48-3-601 and N.C. Gen. Stat. § 7B-1111: A Putative Father's Right to Be a Father," see 41 Campbell L. Rev. 201 (2019).