Filed 2 April 1985 APPEAL under N.C.G.S. 7A-30 (2) by respondent appellant parents from the decision of the Court of Appeals, 70 N.C. App. 345, 320 S.E.2d 306 (1984), affirming an order terminating their parental rights entered on 31 January 1983 by Judge William H. Bennett, Jr., in District Court, MECKLENBURG County. Heard in the Supreme Court 12 March 1985. Ruff, Bond, Cobb, Wade McNair, by Robert S. Adden, Jr., and William H. McNair, with Guardian ad Litem Ellis M. Bragg joining on the brief; for petitioner appellee Mecklenburg County Department of Social Services.
We have recognized the constitutional protection afforded to family relationships. SeeIn re Webb, 70 N.C.App. 345, 350, 320 S.E.2d 306, 309 (1984) (โ[T]he Constitution protects the sanctity of the family precisely because the institution of the family is deeply rooted in this Nation's history and tradition." quoting Moore v. City of East Cleveland, 431 U.S. 494, 503-04, 97 S.Ct. 1932, 52 L.Ed.2d 531, 540 (1977) ).
Given the tender ages of the children involved in most of these cases and the length of time it generally takes from temporary removal to termination . . . bonding between the child and the foster parents is likely to occur and is, therefore, likely to be unduly weighted when balanced against the interest of parents. . . .In re Webb, 70 N.C. App. 345, 359, 320 S.E.2d 306, 314 (1984) (Becton, J., dissenting), aff'd per curiam, 313 N.C. 322, 327 S.E.2d 879 (1985). Because of the bonding, the delay will either afford the Maples increased leverage in the "best interests" analysis or will cause greater trauma to the child if the plan for reunification prevails.
We have recognized the constitutional protection afforded to family relationships. See In re Webb, 70 N.C. App. 345, 350, 320 S.E.2d 306, 309 (1984) ("[T]he Constitution protects the sanctity of the family precisely because the institution of the family is deeply rooted in this Nation's history and tradition." (quoting Moore v. City of East Cleveland, 431 U.S. 494, 503-04, 52 L.Ed.2d 531, 540 (1977)).
It is through the family that we inculcate and pass down many of our most cherished values, moral and cultural.'" In re Webb, 70 N.C. App. 345, 350, 320 S.E.2d 306, 309 (1984) (Becton, J. dissenting) (quoting Moore v. City of East Cleveland, 431 U.S. 494, 503-4, 52 L.Ed.2d 531, 540, 97 S.Ct. 1932, 1938 (1977)), aff'd per curiam, 313 N.C. 322, 327 S.E.2d 879 (1985). "The fundamental liberty interest of natural parents in the care, custody, and management of their child does not evaporate simply because they have not been model parents or have lost temporary custody of their child to the State. . . . When the State moves to destroy weakened familial bonds, it must provide the parents with fundamentally fair procedures.
What constitutes "clear, cogent and convincing" evidence is a difficult question. In re Webb, 70 N.C. App. 345, 320 S.E.2d 306 (1984) (Becton, J., dissenting), aff'd, 313 N.C. 322, 327 S.E.2d 879 (1985). Once substantial evidence is before the finder to support a finding of fact, whether that evidence reaches the level necessary to support a finding under the appropriate standard is a weighing function resting essentially with the finder of fact.