During the adjudication stage of every termination of parental rights case, the trial court must determine whether there exists one or more grounds for termination of parental rights under N.C. Gen. Stat. § 7B-1111(a). Once this determination is made, the trial court then may proceed to the dispositional stage where a determination is made as to whether terminating the parents' rights is consistent with the best interests of the child. N.C. Gen. Stat. § 7B-1110(a).
In determining a child's best interest, the question arises as to what is to guide the court's dispositional determination. The statutory answer is that the court is required to consider certain enumerated factors set forth in N.C. Gen. Stat. § 7B-1110(a)which include (1) the age of the juvenile; (2) the likelihood of adoption of the juvenile; (3) whether the termination of parental rights will aid in the accomplishment of the permanent plan for the juvenile; (4) the bond between the juvenile and the parent;(5) the quality of the relationship between the juvenile and the proposed adoptive parent, guardian, custodian, or other permanent placement; and (6) any other relevant consideration.
The critical factor then, is relevance: if a particular enumerated factor is relevant in the case before the court, then the court must consider that factor when deciding whether the child's rights will be served by terminating parental rights.In re J.L.H., __ N.C. App __, 741 S.E.2d 333 (2012).
But does this mean that the trial court must make findings regarding every enumerated factor? The short anser is in the negative: the Court of Appeals has recently clarified that consideration by a trial court of 7B-1110 factors does not amount to ". . .mak[ing] written findings with respect to all six factors; rather, as the plain language of the statute indicates, thecourt must enter written findings in its order concerning only those factors “that are relevant.” In re D.H., __N.C.App.__, __S.E.2d__(February 4, 2014). Once a court determines what factors are relevant, it should makign specific, written findings concerning them in its order.N.C. Gen. Stat. § 7B-1110(a).
Thus, to satisfy the statute, it is altogether sufficient if the trial court makes written findings about its over-all consideration of the 7B-1110 factors, noting specifically which factors it found relevant and then proceed to apply those relevant factors to justify its decision as to whethere termination is in the child's best interest.
But does this mean that the trial court must make findings regarding every enumerated factor? The short anser is in the negative: the Court of Appeals has recently clarified that consideration by a trial court of 7B-1110 factors does not amount to ". . .mak[ing] written findings with respect to all six factors; rather, as the plain language of the statute indicates, thecourt must enter written findings in its order concerning only those factors “that are relevant.” In re D.H., __N.C.App.__, __S.E.2d__(February 4, 2014). Once a court determines what factors are relevant, it should makign specific, written findings concerning them in its order.N.C. Gen. Stat. § 7B-1110(a).
Thus, to satisfy the statute, it is altogether sufficient if the trial court makes written findings about its over-all consideration of the 7B-1110 factors, noting specifically which factors it found relevant and then proceed to apply those relevant factors to justify its decision as to whethere termination is in the child's best interest.
