In the Matter of the Termination of the Parent-Child Relationship of D.B.M. and H.B. (Father) v. Indiana Department of Child Services

The Tennessee Department of Children's Services ("DCS") removed three children from the custody of their parents and placed them with foster parents in March 2012 because one of the children, an infant, was severely malnourished. By July 2012, the children's mother was cooperating with DCS and complying with a permanency plan that set the goal for the children as reunification with their mother or another relative. The mother continued to comply with the permanency plan for the next sixteen months that the children were in foster care. On the day the children were scheduled to begin a trial home visit with the mother, July 31, 2013, the foster parents filed a petition in circuit court seeking to terminate the mother's parental rights and to adopt the children. After the foster parents filed their petition in circuit court, the juvenile court, which had maintained jurisdiction over the dependency and neglect proceeding, ordered DCS to place the children with the mother for the trial home visit. The circuit court trial on the foster parents' petition did not occur until September 2015. By that time, the children had resided with the mother on a trial basis for two years without incident. The mother, DCS, and the guardian ad litem appointed by the juvenile court in the dependency and neglect proceeding opposed the foster parents' petition. The foster parents and a guardian ad litem appointed by the circuit court sought termination of the mother's parental rights. After the multi-day trial, the trial court dismissed the petition, finding that the foster parents had proven a ground for termination by clear and convincing proof but had failed to establish by clear and convincing proof that termination is in the children's best interests. The foster parents appealed, and the Court of Appeals reversed. We granted the mother's application for permission to appeal and now reverse the judgment of the Court of Appeals and reinstate the trial court's judgment dismissing the fost

<bold>1. Child Abuse and Neglect — adjudication of neglect — clear, cogent, and</bold> <bold>convincing evidence</bold> <block_quote> Clear, cogent, and convincing evidence supported the conclusion that a child did not receive proper care and supervision and that the neglect was likely to result in physical, mental, or emotional impairment or a substantial risk of such impairment.</block_quote> <bold>2. Child Abuse and Neglect — findings — use of psychological evaluations</bold> <bold>and reports from GAL and social worker</bold> <block_quote> The trial court's extensive adjudicatory and dispositional findings in a child neglect proceeding showed that the court made its own determination of the facts and did not simply adopt reports from a social worker and the guardian ad litem and psychological evaluations. A court may consider written reports and make findings based on these reports so long as it does not broadly incorporate them as its findings.</block_quote> <bold>3. Child Abuse and Neglect — reunification efforts — futility — no one to</bold> <bold>supervise respondents</bold> <block_quote> The trial court did not err in a child neglect proceeding by ceasing reunification efforts where the findings supported the conclusion that continued reunification efforts would be futile.</block_quote> <bold>4. Child Abuse and Neglect — neglect — termination of visitation</bold> <block_quote> The termination of respondent mother's visitation was the result of a reasoned decision where it was supported by the findings and the evidence. The mother's parental rights to a sibling had been terminated and the parents had not made progress in working with DSS to parent this child.</block_quote> <bold>5. Appeal and Error — appealability — temporary dispositional order</bold> <block_quote> Respondent father is not entitled to appeal a temporary dispositional order in a child neglect proceeding. N.C.G.S. § <cross_reference>7B-1001</cross_reference>(a)(3) spe

R.C. 2151.414/permanent custody best interest of the child manifest weight. The trial court's determination that CCDCFS made reasonable efforts to reunite Mother and children was proper. The trial court considered factors under R.C. 2151.414 for abandonment, lack of action, best interest of the children and custodial history. The trial court's judgment of permanent custody to CCDCFS was not against the manifest weight of the evidence. Appellant's argument that the trial court committed reversible error fails where the record supports that the trial court's determination was in the best interest of the children.

In this parental termination case, maternal Grandparents sought termination of both Mother's and Father's rights on the grounds of: (1) abandonment by willful failure to support and (2) abandonment by willful failure to visit. The trial court found no grounds for termination as to Mother and only one ground—failure to support—as to Father. The trial court however found that it was not in the child's best interest to terminate Father's rights. We affirm the trial court's judgment in all respects.

<bold>1. Child Support, Custody, and Visitation — custody —</bold> <bold>jurisdiction — home state</bold> <block_quote> The trial court did not err by declining jurisdiction over this child custody matter and by concluding that Vermont was the home state of the children, because: (1) the minor children were not living in North Carolina for the required six months prior to the commencement of plaintiff mother's custody proceedings, and except for a six-week period in January and February 2002, the minor children lived continuously in Vermont from August 2001 to July 2002; (2) the totality of circumstances shows the six-week absence was merely a temporary absence, and in light of the numerous relocations and decisions, the parties' intent at the specific time they retrieved the minor children standing alone should not control the determination of whether the absence was temporary; (3) the length of absence from Vermont was a relatively short period of time, especially when compared to the fact that the minor children had spent almost the entire previous year in Vermont; and (4) Vermont's exercise of jurisdiction is proper under both North Carolina's UCCJEA provisions and Vermont's UCCJA provisions.</block_quote> <bold>2. Child Support, Custody, and Visitation — custody — notice —</bold> <bold>substantial conformity</bold> <block_quote> The trial court did not err in a child custody case when it found that Vermont had issued its order in substantial conformity with the UCCJA and that plaintiff mother had notice and was aware of the pendency of the issue of jurisdiction before the Vermont court on 18 September 2002, because: (1) plaintiff conceded that the notice of hearing stated in all capital letters that both parties must appear and failure to appear meant it was possible for the court to issue parental rights and responsibilities based on the evidence presented by the other party; and (2) plaintiff responded to defendant's motion and specifically raised