In re Mills

31 Citing cases

  1. In re E.R.

    No. COA16-1320 (N.C. Ct. App. Aug. 1, 2017)

    In re Apa, 59 N.C. App. 322, 324, 296 S.E.2d 811, 813 (1982). In the case of In re Mills, 152 N.C. App. 1, 7-8, 567 S.E.2d 166, 170 (2002), cert. denied, 356 N.C. 672, 577 S.E.2d 627 (2003), the respondent did not know of the existence of the children for several years. The trial court made findings of fact based upon DSS social worker's testimony that DSS had contacted the respondent in October of 1999 and the respondent had done nothing until after DSS filed its petition to terminate the respondent's parental rights in April 2000. The respondent himself testified he had never seen the child and admitted he had never provided any love, nurturance or support for the children.

  2. In Matter of D.R.F.

    693 S.E.2d 235 (N.C. Ct. App. 2010)   Cited 35 times
    Finding that an order remains final and valid when no appeal is taken from it

    A termination of parental rights proceeding is held in two phases, the adjudication stage and the disposition stage. In re Mills, 152 N.C. App. 1, 6, 567 S.E.2d 166, 169 (2002). Once a trial court has concluded during the adjudication phase that grounds exist for termination of parental rights, it must decide in the disposition phase whether termination is in the best interests of the child.

  3. In re J.T.C.

    847 S.E.2d 452 (N.C. Ct. App. 2020)   Cited 16 times

    "Once a trial court has concluded during the adjudication phase that grounds exist for termination of parental rights, it must decide in the disposition phase whether termination is in the best interests of the child." In re D.R.F. , 204 N.C. App. 138, 141, 693 S.E.2d 235, 238 (2010) (citing In re Mills , 152 N.C. App. 1, 7, 567 S.E.2d 166, 169-70 (2002) ). Under N.C. Gen. Stat. § 7B-1110(a),

  4. In re W.J.I.

    No. COA19-1 (N.C. Ct. App. Oct. 15, 2019)

    "Clear, cogent and convincing describes an evidentiary standard stricter than a preponderance of the evidence, but less stringent than proof beyond a reasonable doubt," and requires "evidence which should fully convince." In re Mills, 152 N.C. App. 1, 13, 567 S.E.2d 166, 173 (2002) (quotation marks and citations omitted); see also In re I.R.L., 823 S.E.2d 902, 904 (N.C. Ct. App. 2019) ("When the trial court's findings of fact are supported by ample, competent evidence, they are binding on appeal, even though there may be evidence to the contrary." (internal quotation marks and citation omitted)).

  5. In re H.N.D.

    265 N.C. App. 10 (N.C. Ct. App. 2019)   Cited 7 times

    "Clear, cogent and convincing describes an evidentiary standard stricter than a preponderance of the evidence, but less stringent than proof beyond a reasonable doubt," and requires "evidence which should fully convince." In re Mills , 152 N.C. App. 1, 13, 567 S.E.2d 166, 173 (2002) (citations omitted). If satisfied that the record contains clear, cogent, and convincing evidence supporting the findings of fact, the Court must then determine whether the findings of fact support the trial court's conclusions of law. S.N. , 194 N.C. App. at 146, 669 S.E.2d at 58-59.

  6. In re H.N.D.

    No. COA18-958 (N.C. Ct. App. Apr. 2, 2019)

    "Clear, cogent and convincing describes an evidentiary standard stricter than a preponderance of the evidence, but less stringent than proof beyond a reasonable doubt," and requires "evidence which should fully convince." In re Mills, 152 N.C. App. 1, 13, 567 S.E.2d 166, 173 (2002) (citations omitted). If satisfied that the record contains clear, cogent, and convincing evidence supporting the findings of fact, the Court must then determine whether the findings of fact support the trial court's conclusions of law. S.N., 194 N.C. App. at 146, 669 S.E.2d at 58-59.

  7. In re A.S.

    No. COA17-1129 (N.C. Ct. App. Mar. 20, 2018)

    "Findings for which there exists competent evidence are binding on appeal, even where there is evidence to the contrary." In re Mills, 152 N.C. App. 1, 6, 567 S.E.2d 166, 169 (2002) (citation omitted). Furthermore, "[a]n appellant is bound by any unchallenged findings of fact."

  8. In re J.M.

    745 S.E.2d 376 (N.C. Ct. App. 2013)

    Findings of fact supported by competent evidence are binding on appeal, even where there is evidence which supports contrary findings. In re Mills, 152 N.C.App. 1, 6, 567 S.E.2d 166, 169 (2002). Parental rights may be terminated if “[t] he parent has willfully abandoned the juvenile for at least six consecutive months immediately preceding the filing of the petition or motion[.]” N.C. Gen.Stat. § 7B–1111 (a)(7) (2011).

  9. In re N.A.R.

    741 S.E.2d 513 (N.C. Ct. App. 2013)

    Findings of fact supported by competent evidence are binding on appeal, even where there is evidence which supports contrary findings. In re Mills, 152 N.C.App. 1, 6, 567 S.E.2d 166, 169 (2002), cert. denied,356 N.C. 672, 577 S.E.2d 627 (2003). B. Analysis

  10. In re B.K.B.P.

    NO. COA11-197 (N.C. Ct. App. Sep. 20, 2011)

    Once the trial court determines that one of the statutory grounds for termination exists, the court proceeds to the dispositional phase to determine whether the termination of parental rights is in the best interests of the juvenile. In re Mills, 152 N.C. App. 1, 7, 567 S.E.2d 166, 169-70 (2002), cert. denied, 356 N.C. 672, 577 S.E.2d 627 (2003); see N.C. Gen. Stat. § 7B-1110 (2009). This determination is reviewed for abuse of discretion, In re E.M., ____ N.C. App. ____, ____, 692 S.E.2d 629, 630, cert. denied, 364 N.C. 325, 700 S.E.2d 749 (2010), meaning that respondent must demonstrate that the court's ruling was "manifestly unsupported by reason" or "so arbitrary that it could not have been the result of a reasoned decision."