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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

NO. COA12-1572 NORTH CAROLINA COURT OF APPEALS Filed: 18 June 2013 IN THE MATTER OF: C.J.B. and J.M.B. New Hanover County No. 11 JT 187-88

Appeal by respondent-father from order entered 24 October 2012 by Judge Jeffrey E. Noecker in New Hanover County District Court. Heard in the Court of Appeals 6 May 2013.

Regina Floyd-Davis for petitioner New Hanover Department of Social Services. Windy H. Rose for respondent-father. Deana K. Fleming for guardian ad litem. BRYANT, Judge. Where termination there of was insufficient evidence parental supporting rights based the on

respondent-father's

willful failure to pay a reasonable portion of the cost of care for a continuous period of six months preceding the filing of

-2the petition to terminate parental rights, we reverse the order of the trial court. Facts and Procedural History On 5 August 2011, petitioner New Hanover County Department of Social Services filed a juvenile petition alleging Charles and Jacob1 ("the juveniles") to be neglected juveniles in that they "[did] not receive proper care, supervision or discipline from the juvenile's parent, guardian, custodian, or caretaker" and that they had been "abandoned." custody was entered that same day An order for nonsecure placing the juveniles in

nonsecure custody with petitioner. On 26 October 2011, the trial court entered an order on adjudication and disposition finding the juveniles to be

neglected as defined by section 7B-101(15) of the North Carolina General Statutes and ordering juveniles to remain in

petitioner's legal custody.

A review hearing was held on 8

December 2011, and a permanency planning hearing was held on 31 May 2012

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