In re B.O.A. (2019)

Findings of Fact Our appellate courts review “trial court orders in cases in which a party seeks to have a parent’s parental rights in a child terminated by determining whether the trial court’s findings of fact are supported by clear, cogent, and convincing evidence and whether those findings support the trial court’s conclusions of law.” In re B.O.A., 372 N.C. 372, 379 , 831 S.E.2d 305, 310 (2019).

Respondent was still enrolled at TROSA. “[A] trial judge should refrain from finding that a parent has failed to make ‘reasonable progress . . . in correcting those conditions which led to the removal of the juvenile’ simply because of his or her ‘failure to fully satisfy all elements of the case plan goals.’” In re B.O.A., 372 N.C. 372, 385 , 831 S.E.2d 305, 314 (2019) (citation omitted).

Stat. §§ 7B-1111(a)(1)-(3) (2023). “[A] finding by the trial court that any one of the grounds for termination enumerated in [North Carolina General Statute Section] 7B-1111(a) exists is sufficient to support a termination order.” In re B.O.A., 372 N.C. 372, 380 , 831 S.E.2d 305, 311 (2019) (emphasis in original) (citations omitted).

During this stage, “the trial court must ‘take evidence, find the facts, and . . . adjudicate the existence or nonexistence of any of the circumstances set forth in [N.C.G.S. §] 7B-1111 which authorize the termination of parental rights of the respondent.’ ” In re B.O.A., 372 N.C. 372, 379-80 , 831 S.E.2d 305, 310 (2019) (quoting N.C.

During this stage, “the trial court must ‘take evidence, find the facts, and . . . adjudicate the existence or nonexistence of any of the circumstances set forth in [N.C.G.S. §] 7B-1111 which authorize the termination of parental rights of the respondent.’ ” In re B.O.A., 372 N.C. 372, 379-80 , 831 S.E.2d 305, 310 (2019) (quoting N.C.

Respondent-father further testified that he “never had any hesitation [about] completing the things asked in that document.” Cf. In re B.O.A., 372 N.C. at 386 (“[R]espondent-mother voluntarily agreed upon a case plan with DSS and never contended prior to the termination hearing that its components did not address issues that contributed to causing the conditions that led to [the juvenile’s] removal from her home.”). ¶ 61 We are not persuaded by respondent-father’s suggestion…

Respondent-father further testified that he “never had any hesitation [about] completing the things asked in that document.” Cf. In re B.O.A., 372 N.C. at 386 (“[R]espondent-mother voluntarily agreed upon a case plan with DSS and never contended prior to the termination hearing that its components did not address issues that contributed to causing the conditions that led to [the juvenile’s] removal from her home.”). ¶ 61 We are not persuaded by respondent-father’s suggestion…

When a finding of fact is supported by such evidence, it is “conclusive even if the record contains evidence that would support a contrary finding.” In re B.O.A., 372 N.C. 372, 379 (2019) (citation omitted).

See In re B.O.A., 372 N.C. 372, 381 , 831 S.E.2d 305, 312 (2019) (“[N.C.

“A trial court’s finding of fact that is supported by clear, cogent, and convincing evidence is deemed conclusive even if the record contains evidence that would support a contrary finding.” In re B.O.A., 372 N.C. 372, 379 (2019).

Our Supreme Court has held “that ‘parental compliance with a judicially adopted case plan is relevant in determining whether grounds for termination exist pursuant to N.C.G.S. § 7B-1111(a)(2)’ provided that ‘the objectives sought to be achieved by the case plan provision in question address issues that contributed to causing the problematic circumstances that led to the juvenile’s removal from the parental home.’ ” In re T.M.L., 377 N.C. 369 , 379, 856 S.E.2d 785 , 793 (2021…

Thus, a “judge in an abuse, neglect, or dependency proceeding has the authority to order a parent to take any step reasonably required to alleviate any condition that directly or indirectly contributed to causing the juvenile’s removal from the parental home,” In re B.O.A., 372 N.C. 372, 381 (2019) (emphasis added), as long as there is “a nexus between the step ordered by the court and a condition that is found or alleged to have led to or contributed to the adjudication.” I…

Findings of fact that are supported by clear and convincing evidence are “deemed conclusive even if the record contains evidence that would support a contrary finding.” In re B.O.A., 372 N.C. 372, 379 (2019).

When a finding of fact is supported by clear, cogent, and convincing evidence, it is “conclusive even if the record contains evidence that would support a contrary finding.” In re B.O.A., 372 N.C. 372, 379 (2019) (citation omitted).

Stat.] § 7B-1111(a)(2).’” In re A.S.D., 378 N.C. 425 , 434, 861 S.E.2d 875 , 882-83 (2021) (quoting In re B.O.A., 372 N.C. 372, 385 , 831 S.E.2d 305, 314 (2019)).

App. 599 , 605, 881 S.E.2d 890 , 896 (2022) (internal citation omitted) (quoting In re B.O.A., 372 N.C. 372, 379 , 831 S.E.2d 305, 310 (2019)).

When a finding of fact is supported by such evidence, it is “conclusive even if the record contains evidence that would support a contrary finding.” In re B.O.A., 372 N.C. 372, 379 (2019) (citation omitted).

“When the language of a statute is clear and without ambiguity, it is the duty of this Court to give effect to the plain meaning of the statute.” In re B.O.A., 372 N.C. 372, 380 , 831 S.E.2d 305, 311 (2019) (quoting Diaz v. Div. of Soc.

When we review a termination order we consider “whether the trial court’s findings of fact are supported by clear, cogent, and convincing evidence,” and whether the findings in turn “support the trial court’s conclusions of law.” In re B.O.A., 372 N.C. 372, 379 (2019).

“A trial court’s finding of fact that is supported by clear, cogent, and convincing evidence is deemed conclusive even if the record contains evidence that would support a contrary finding.” In re B.O.A., 372 N.C. 372, 379 (2019) (citation omitted). -4- IN RE: M.C.B.

“A trial court’s finding of fact that is supported by clear, cogent, and convincing evidence is deemed conclusive even if the record contains evidence that would support a contrary finding.” In re J.C.J., 381 N.C. 783 , 787, 874 S.E.2d 888 , 892 (2022) (quoting In re B.O.A., 372 N.C. 372, 379 , 831 S.E.2d 305, 310 (2019)). 1.

Opinion of the Court convincing evidence are “deemed conclusive even if the record contains evidence that would support a contrary finding.” In re B.O.A., 372 N.C. 372, 379 (2019) (citation omitted).

If “[a] trial court’s finding of fact . . . is supported by clear, cogent, and convincing evidence[, it will be] deemed conclusive even if the record contains evidence that would support a contrary finding.” In re S.R., 384 N.C. 516 , 520, 886 S.E.2d 166 , 171 (2023) (quoting In re B.O.A., 372 N.C. 372, 379 , 831 S.E.2d 305, 310 (2019)).

The trial court need find only “one ground” for termination under N.C.G.S. § 7B-1111 to “support a termination of parental rights,” In re A.R.A., 373 N.C. 190 , 194 (2019), at which point it proceeds to the dispositional stage to determine whether termination would be in the child’s “best interest,” In re B.O.A., 372 N.C. 372, 380 (2019) - 10 - IN RE: F.T.S.

Noncompliance with the case plan can support a finding of lack of reasonable progress when there is a “nexus between the components of the court-approved case plan with which [the respondent] failed to comply and the ‘conditions which led to [the child’s] removal’ from the parental home.” In re J.S., 374 N.C. 811 , 816, 845 S.E.2d 66 , 71 (2020) (quoting In re B.O.A., 372 N.C. 372, 385 , 831 S.E.2d 305, 314 (2019)).

See In re B.O.A., 372 N.C. 372, 380 (2019) (“[A] finding . . . that any one of the grounds for termination . . . exists is sufficient to support a termination order.”).

A respondent-parent’s “prolonged inability to improve her situation, despite some efforts in that direction, will support a finding of willfulness regardless of her good intentions, and will support a finding of lack of progress sufficient to warrant termination of parental rights under section 7B-1111(a)(2).” In re J.S., 374 N.C. at 815 (cleaned up). “[P]arental compliance with a judicially adopted case plan is relevant in determining whether grounds for termination exist p…

Opinion of the Court “[P]arental compliance with a judicially adopted case plan is relevant in determining whether grounds for termination exist pursuant to N.C.G.S. § 7B-1111(a)(2).” In re B.O.A., 372 N.C. 372, 384 (2019).

Changing the meaning of the phrase “civil process” to include criminal convictions requires us to insert words into a statute, see In re B.O.A., 372 N.C. 372, 380 (2019), otherwise “extend the meaning” of words actually used, Barco, 150 N.C. at 796 , and presume that the legislature was incapable of stating the phrase “civil or criminal” when it intended to communicate that meaning.

In re B.O.A., 372 N.C. 372, 380 (2019); accord In re Moore, 306 N.C. 394, 404 (1982).

For a respondent-parent’s noncompliance with her case plan to support the termination of her parental rights, however, “there must be a nexus between the components of the court-approved case plan with which the respondent failed to comply and the conditions which led to the child’s removal from the parental home.” In re J.S., 374 N.C. at 816, 845 S.E.2d at 71 (quoting In re B.O.A., 372 N.C. 372, 384 , 831 S.E.2d 305, 314 (2019)); see also In re Y.Y.E.T., 205 N.C.

If “[a] trial court’s finding of fact . . . is supported by clear, cogent, and convincing evidence[, it will be] deemed conclusive even if the record contains evidence that would support a contrary finding.” In re B.O.A., 372 N.C. 372, 379 (2019).

Morgan, J., dissenting 1111(b) (2019)), with de novo review as to “whether those findings support the trial court’s conclusions of law[,]” In re B.O.A., 372 N.C. 372, 379 (2019); see also In re J.S., 374 N.C. 811 , 814 (2020).

Findings of fact supported by clear and convincing evidence are “deemed conclusive even if the record contains evidence that would support a contrary finding.” In re B.O.A., 372 N.C. 372, 379 , 831 S.E.2d 305, 310 (2019).

Findings of fact supported by clear and convincing evidence are “deemed conclusive even if the record contains evidence that would support a contrary finding.” In re B.O.A., 372 N.C. 372, 379 , 831 S.E.2d 305, 310 (2019).

“A trial court’s finding of fact that is supported by clear, cogent, and convincing evidence is deemed conclusive even if the record contains evidence that would support a contrary finding.” In re A.L., 378 N.C. 396 , 2021-NCSC-92, ¶ 16 (quoting In re B.O.A., 372 N.C. 372, 379 [, 831 S.E.2d 305 ] (2019)). “ ‘[T]he issue of whether a trial court’s adjudicatory findings of fact support its conclusion of law that grounds existed to terminate parental rights pursuant to N.C.G.S.…

“A trial court’s finding of fact that is supported by clear, cogent, and convincing evidence is deemed conclusive even if the record contains evidence that would support a contrary finding.” In re A.L., 378 N.C. 396 , 2021-NCSC-92, ¶ 16 (quoting In re B.O.A., 372 N.C. 372, 379 [, 831 S.E.2d 305 ] (2019)). “ ‘[T]he issue of whether a trial court’s adjudicatory findings of fact support its conclusion of law that grounds existed to terminate parental rights pursuant to N.C.G.S.…

In re B.O.A., 372 N.C. 372, 385 , 831 S.E.2d 305, 314 (2019) (citation omitted). ¶ 29 Our Supreme Court has held “parental compliance with a judicially adopted case plan is relevant in determining whether grounds for termination exist pursuant to N.C.G.S. § 7B-1111(a)(2)” provided that “as long as a particular case plan provision addresses an issue that, directly or indirectly, contributed to causing the juvenile’s removal from the parental home, the extent to which a parent…

In re B.O.A., 372 N.C. 372, 385 , 831 S.E.2d 305, 314 (2019) (citation omitted). ¶ 29 Our Supreme Court has held “parental compliance with a judicially adopted case plan is relevant in determining whether grounds for termination exist pursuant to N.C.G.S. § 7B-1111(a)(2)” provided that “as long as a particular case plan provision addresses an issue that, directly or indirectly, contributed to causing the juvenile’s removal from the parental home, the extent to which a parent…

“A trial court’s finding of fact that is supported by clear, cogent, and convincing evidence is deemed conclusive even if the record contains evidence that would support a contrary finding.” In re B.O.A., 372 N.C. 372, 379 (2019) (citing In re Moore, 306 N.C. 394 , 403–04 (1982)).

“A trial court’s finding of fact that is supported by clear, cogent, and convincing evidence is deemed conclusive even if the record contains evidence that would support a contrary finding.” In re B.O.A., 372 N.C. 372, 379 , 831 S.E.2d 305, 310 (2019).

“A trial court’s finding of fact that is supported by clear, cogent, and convincing evidence is deemed conclusive even if the record contains evidence that would support a contrary finding.” In re B.O.A., 372 N.C. 372, 379 (2019) (citing In re Moore, 306 N.C.

“A trial court’s finding of fact that is supported by clear, cogent, and convincing evidence is deemed conclusive even if the record contains evidence that would support a contrary finding.” In re B.O.A., 372 N.C. 372, 379 (2019) (citing In re Moore, 306 N.C. 394 , 403–04 (1982)).

“A trial court’s finding of fact that is supported by clear, cogent, and convincing evidence is deemed conclusive even if the record contains evidence that would support a contrary finding.” In re B.O.A., 372 N.C. 372, 379 (2019).

“A trial court’s finding of fact that is supported by clear, cogent, and convincing evidence is deemed conclusive even if the record contains evidence that would support a contrary finding.” In re B.O.A., 372 N.C. 372, 379 (2019).

“A trial court’s finding of fact that is supported by clear, cogent, and convincing evidence is deemed conclusive even if the record contains evidence that would support a contrary finding.” In re R.G.L., 379 N.C. 452 , 2021-NCSC-155, ¶ 12 (quoting In re B.O.A., 372 N.C. 372, 379 (2019)).

“A trial court’s finding of fact that is supported by clear, cogent, and convincing evidence is deemed conclusive even if the record contains evidence that would support a contrary finding.” In re R.G.L., 379 N.C. 452 , 2021-NCSC-155, ¶ 12 (quoting In re B.O.A., 372 N.C. 372, 379 (2019)).

“A trial court’s finding of fact that is supported by clear, cogent, and convincing evidence is deemed conclusive even if the record contains evidence that would support a contrary finding.” In re B.O.A., 372 N.C. 372, 379 (2019) (citing In re Moore, 306 N.C.

See In re B.O.A., 372 N.C. 372, 382 (2019) (“a trial court would clearly err by terminating a parent’s parental rights in a child for failure to make reasonable progress pursuant to N.C.G.S. § 7B-1111(a)(2) in the event that this ground for termination had not been alleged in the termination petition or motion,”) see also In re S.R.G., 195 N.C.

See In re B.O.A., 372 N.C. 372, 382 (2019) (“a trial court would clearly err by terminating a parent’s parental rights in a child for failure to make reasonable progress pursuant to N.C.G.S. § 7B-1111(a)(2) in the event that this ground for termination had not been alleged in the termination petition or motion,”) see also In re S.R.G., 195 N.C.