Domestic Relations – Parent & Child – Permanency Planning Order – Ceasing Reunification Efforts

In re I.K. (Lawyers Weekly No. 13-07-0489, 23 pp.) (Donna S. Stroud, J.) Appealed from Orange County District Court (Beverly Scarlett, J.) N.C. App.

Holding: Although the respondent-father once disciplined his teenage stepson with a bull whip, there is no evidence in the record to support the trial court’s conclusion that there is a reasonable probability he would use this method of discipline on his young daughter, “Ilka.” Respondent has attended all treatment, parenting classes, and mental health assessments ordered by the court; the evidence indicates he has no problems with anger or impulse control, and he now recognizes that using a bullwhip is not an appropriate form of discipline.

We reverse the permanency planning order that ceased efforts to reunify respondent and Ilka.

Even though the Granville County Department of Social Services substantiated an allegation of sexual abuse by respondent against his stepson, the child abuse medical evaluation on which the Granville County DSS relied did not conclude that respondent had sexually abused his stepson. The father’s therapist had no concerns about respondent sexually abusing a child, and the trial court made no findings about whether respondent had sexually abused his stepson. Furthermore, the trial court granted unsupervised visitation with Ilka for four hours per month, something that is inconsistent with its finding that respondent would exhibit inappropriate behavior around Ilka if she were reunited with him. There was no evidence that respondent had ever acted inappropriately with Ilka in any way. The evidence does not support the trial court’s finding that there is “an appreciable risk of inappropriate sexual behavior to [Ilka].”

Even if respondent’s financial resources are meager, this fact alone would not support cessation of reunification.

The evidence and the trial court’s findings fail to support a conclusion that reunification efforts would be futile or would be inconsistent with the child’s health, safety, and need for a safe, permanent home within a reasonable period of time.

Reversed and remanded.