In re D.R.B.

643 S.E.2d 77, 182 N.C. App. 733, 2007 N.C. App. LEXIS 787
Court of Appeals of North Carolina·Decided April 17, 2007·No. No. COA06-1540.·Published·Cited by 38 cases

Opinion

TYSON, Judge.

Douglas Scott Brizendine ("respondent") appeals from order entered terminating his parental rights to his minor biological child, D.R.B. We vacate and remand.

I. Background

Respondent is the biological father of D.R.B. Allen and Sheila Bolick ("petitioners") are D.R.B.'s maternal grandfather and step-grandmother. D.R.B. resided with his mother until he was ten weeks old. Respondent lived with D.R.B. and his mother for seven of those ten weeks.

D.R.B.'s mother left D.R.B. in petitioners' care when D.R.B. was ten weeks old. D.R.B. has resided with petitioners since that date. The parental rights of D.R.B.'s mother have been terminated.

On 7 December 2004, respondent was convicted of robbery and is currently serving a thirty year sentence. Respondent is currently incarcerated at the Everglades Correctional Facility in Miami, Florida.

On 25 July 2005, petitioners filed a petition to terminate respondent's parental rights. The petition alleged the following grounds existed to terminate: (1) respondent had visited D.R.B. only one time, on 29 July 2003, since D.R.B.'s birth; (2) respondent has had no contact with D.R.B. for a period of more *79than one year; and (3) respondent has not provided financial support for D.R.B. since D.R.B.'s birth. On 16 August 2006, the trial court conducted hearings on petitioners' petition and ordered respondent's parental rights be terminated. Respondent appeals.

II. Issue

Respondent argues the trial court's finding of fact numbered 19 and conclusion of law numbered 21 are insufficient because they do not state a legal basis for terminating his parental rights.

III. Standard of Review

A proceeding to terminate parental rights is a two step process with an adjudicatory stage and a dispositional stage. A different standard of review applies to each stage. In the adjudicatory stage, the burden is on the petitioner to prove by clear, cogent, and convincing evidence that one of the grounds for termination of parental rights set forth in N.C. Gen.Stat. § 7B-1111(a) exists. The standard for appellate review is whether the trial court's findings of fact are supported by clear, cogent, and convincing evidence and whether those findings of fact support its conclusions of law. Clear, cogent, and convincing describes an evidentiary standard stricter than a preponderance of the evidence, but less stringent than proof beyond a reasonable doubt.

If the petitioner meets its burden of proving at least one ground for termination of parental rights exists under N.C. Gen.Stat. § 7B-1111(a), the court proceeds to the dispositional phase and determines whether termination of parental rights is in the best interests of the child. The standard of review of the dispositional stage is whether the trial court abused its discretion in terminating parental rights.

In re C.C., J.C., 173 N.C.App. 375, 380-81, 618 S.E.2d 813, 817 (2005) (internal quotations and citations omitted).

IV. Analysis

In order to terminate a respondent's parental rights, the trial court must "adjudicate the existence" of one or more of the statutory grounds for termination set forth in N.C. Gen.Stat. § 7B-1111(a). N.C. Gen.Stat. § 7B-1109(e) and (f) (2005). The court must support its adjudication by findings of fact based upon clear, cogent, and convincing evidence. Id. Our task in reviewing a termination order is to determine whether the "findings of fact are based upon clear, cogent, and convincing evidence and whether the findings support the conclusions of law." In re Huff, 140 N.C.App. 288, 291, 536 S.E.2d 838, 840 (2000) (internal quotation omitted), appeal dismissed and disc. rev. denied, 353 N.C. 374, 547 S.E.2d 9 (2001).

For this Court to exercise its appellate function, the trial court must enter sufficient findings of fact and conclusions of law to reveal the reasoning which led to the court's ultimate decision.

Effective appellate review of an order entered by a trial court sitting without a jury is largely dependent upon the specificity by which the order's rationale is articulated. Evidence must support findings; findings must support conclusions; conclusions must support the judgment. Each ... link in the chain of reasoning must appear in the order itself. Where there is a gap, it cannot be determined on appeal whether the trial court correctly exercised its function to find the facts and apply the law thereto.

Coble v. Coble, 300 N.C. 708, 714, 268 S.E.2d 185, 190 (1980); see N.C.R. Civ. P. 52(a)(1) (2005) ("In all actions tried upon the facts without a jury ... the court shall find the facts specifically and state separately its conclusions of law thereon...."); Quick v. Quick, 305 N.C. 446, 451, 290 S.E.2d 653, 657 (1982) (Noting that findings of fact must be "sufficiently specific to enable an appellate court to review the decision and test the correctness of the judgment.").

A court may terminate parental rights upon a finding of one or more grounds under N.C. Gen.Stat. § 7B-1111 to exist. The order does not identify any statutory grounds for termination under N.C. Gen.Stat. § 7B-1111(a), and concludes "[t]hat grounds exist for which Respondent's parental rights to the minor child, D.R.B., should be terminated[.]" The trial court supported its conclusion with the following findings of fact:

*802. Respondent is currently incarcerated at the Everglades Correctional Facility in Miami, Florida.

....

4. Respondent is the biological father of the minor child, D.R.B., born ... in Mecklenburg County, North Carolina. The minor child is [approximately three and one-half years old].

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In re D.R.B., 643 S.E.2d 77, 182 N.C. App. 733, 2007 N.C. App. LEXIS 787 (N.C. Ct. App. 2007).

643 S.E.2d 77 (In re D.R.B.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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