In Re Rhyder C.

This appeal arises from an unorthodox procedural history, wherein the trial court made its findings of facts and conclusions of law in an order granting summary judgment, the result of which terminated the mother/appellant’s parental rights. The court determined that the undisputed material facts clearly and convincingly established five grounds on which to terminate the mother’s parental rights. The court also found the undisputed material facts established that termination of her parental rights was in the child’s best interest. The mother appeals, asserting that the trial court violated her due process rights by terminating her parental rights without affording her an effective opportunity to cross-examine adverse witnesses. She contends the trial court erred by denying her motion to continue the hearing on the petitioners’ motion for summary judgment. She also contends the trial court erred by granting summary judgment on each of the alleged statutory grounds for termination as well as the issue of the child’s best interests. Following a careful review of the record, we have determined that the mother’s due process rights were not violated, and the trial court did not err in denying her motion for a continuance. We reverse the trial court’s ruling that Petitioners proved the ground of failure to manifest an ability and willingness to assume custody or financial responsibility; however, we affirm the trial court in all other respects. Accordingly, we affirm the termination of the mother’s parental rights.