TPR-Dispositions

Usually the Court holds a bifurcated hearing where the grounds phase is heard first and then a best interest hearing is held afterwards; however this is not required. It is assumed if there is a hearing that combines the two hearings that the Judge applies the appropriate evidentiary standard. The statute allows for a hearing to be held regarding grounds and then a best interest hearing held immediately thereafter or within 30 days.

There are 6 best interest factors the Court must consider when determining whether it's in the juvenile’s best interest to terminate the parent’s parental rights. All must be considered. They are:

1. The juvenile’s age
2. The likelihood that the child will be adopted (note that the lack of an adoptive placement does not bar the termination of parental rights and that the Court is not required to find that the juvenile is adoptable)
3. Whether termination will help achieve the permanent plan for the child
4. The bond between the child and the parent
5. The quality of the relationship between the child and the proposed adoptive parent, guardian, custodian, or other permanent placement
6. Any other relevant consideration

The court must make findings of facts about the factors that are relevant. A factor is relevant when there is conflicting evidence.

The Court shall dismiss the petition/deny the motion if it finds that the best interests of the juvenile require that rights should not be terminated or that grounds for termination were not proved.

If the Court determines at the end of the evidence of the best interest phase that the motion or petition should be dismissed, the Court must set forth facts and circumstances upon which the dismissal or denial is based.

The child’s best interest are the ones that control in the best interest phase of the termination of parental right hearing. As stated in the statute: "Child’s interests are paramount to parents’ rights. The child’s best interests, not the rights of the parents, are paramount. When the child’s and parents’ interests conflict, the child’s best interests control."

It is important to understand the effects and consequences of one’s parental rights being terminated. If the court terminates the parental rights:

1. The termination completely and permanently severs all rights and responsibilities of the parent to the child and the child to the parent. However, a child may inherit from an intestate parent until a final adoption or from a parent’s will.
2. A parent’s parental rights may be reinstated in very limited circumstances, which underscores the significance of TPR.
3. Parent no longer has constitutionally protected rights to that child.
4. After the TPR order is entered, the parent is no longer a party to the A/N/D action and will not receive notice of hearings.
5. A parent whose rights have been terminated does not have legal standing to seek custody of a child as an “other person” under G.S. 50-13.1(a).
6. A TPR order may affect a parent’s parental rights to other children the parent has or may have in the future.

An order denying or granting the TPR is an appealable order. If a respondent parent appeals, both the attorney and parent must sign the notice of appeal.

A TPR is not a permanent plan. A TPR may be needed to achieve a permanent plan of adoption. A TPR does not terminate the Court's jurisdiction in an A/N/D case. That case continues.