In re A.C-M.

817 S.E.2d 797
CourtCourt of Appeals of North Carolina
DecidedSeptember 4, 2018
DocketNo. COA 18-154
StatusPublished

This text of 817 S.E.2d 797 (In re A.C-M.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re A.C-M., 817 S.E.2d 797 (N.C. Ct. App. 2018).

Opinion

ZACHARY, Judge.

Respondent-mother appeals from orders terminating her parental rights to her minor children A.C-M. ("Andy") and F.C-M. ("Fiona") (collectively, "the children").1 The children's father voluntarily relinquished his parental rights and is not a party to this appeal. We affirm.

I. Background

On 5 June 2014, the Alexander County Department of Social Services ("DSS") filed juvenile petitions alleging that Andy and Fiona were neglected and dependent. The petition included allegations that, inter alia : (1) the father abused alcohol; (2) the parents misallocated their income, in part to purchase alcohol, causing their rent to fall into arrears; (3) the father and the children's older brother, Joe,2 engaged in domestic violence; (4) Joe had been adjudicated delinquent and abused drugs and alcohol in the home, and the parents took insufficient steps to curtail this behavior; (5) Fiona suffered from a myriad of severe gastrointestinal problems, and the parents failed to ensure she received proper treatment; (6) Fiona tested positive for salmonella and trichomoniasis, a sexually transmitted disease ; and (7) the children were often left in the care of Joe or another brother, fourteen-year-old Albert. DSS obtained nonsecure custody of Fiona and removed her from the home.

On 1 July 2014, respondent-mother entered into a case plan with DSS. Under the plan, she was required to obtain mental health treatment, gain parenting skills, and obtain stable housing and employment. The record reflects that respondent-mother's primary language is Tarascan, a Mexican Indian dialect. However, she is illiterate in her native language, and she has a poor understanding of both spoken and written English and Spanish.

On 26 September 2014, the trial court entered an order concluding that Andy and Fiona were neglected juveniles.3 Both parents had stipulated that the allegations in the petition were true, and the allegations were incorporated by reference into the order. Andy was placed in DSS custody, but that portion of the order was stayed on the condition that he was enrolled in daycare. Fiona remained in DSS custody in foster care. Respondent-mother was awarded at least two hours of supervised visitation per week with Fiona.

In a review order entered on 22 October 2014, the trial court determined that Andy's placement with his parents was no longer in his best interests and that he should be placed in foster care. The children's placements then remained unchanged through the ensuing months as the trial court conducted a series of permanency planning hearings. On 16 June 2016, the trial court entered an order changing the permanent plan for Andy and Fiona from reunification to a primary plan of adoption and a secondary plan of guardianship. The court found that the parents were still unable to ensure Fiona would be provided sufficient medical care and that respondent-mother still lacked basic parenting skills.

On 12 August 2016, DSS filed motions in the cause to terminate respondent-mother's parental rights to the children on the grounds of neglect, failure to make reasonable progress, and failure to pay a reasonable portion of the children's care. See N.C. Gen. Stat. § 7B-1111(a)(1)-(3) (2017). On 14 September 2017, the trial court entered an adjudication order which concluded that respondent-mother's parental rights were subject to termination on the grounds of neglect and failure to make reasonable progress. On 27 October 2017, the court entered a disposition order concluding that termination was in the children's best interests, and as a result, the court terminated respondent-mother's parental rights. Respondent-mother filed timely notice of appeal.

II. Standard of Review

"The standard of review in termination of parental rights cases is whether the findings of fact are supported by clear, cogent and convincing evidence and whether these findings, in turn, support the conclusions of law. We then consider, based on the grounds found for termination, whether the trial court abused its discretion in finding termination to be in the best interest of the child." In re Shepard , 162 N.C. App. 215, 221-22, 591 S.E.2d 1, 6 (citations and quotation marks omitted), disc. review denied sub nom. In re D.S. , 358 N.C. 543, 599 S.E.2d 42 (2004). Unchallenged findings are presumed to be supported by competent evidence and are binding on appeal. See In re M.D. , 200 N.C. App. 35, 43, 682 S.E.2d 780, 785 (2009).

III. Grounds for Termination

Respondent-mother first argues that the trial court erred in concluding that grounds existed to terminate her parental rights to the children. We disagree.

Pursuant to N.C. Gen. Stat. § 7B-1111(a)(1), a trial court may terminate parental rights upon finding that the parent has neglected the child. A neglected juvenile is one

who does not receive proper care, supervision, or discipline from the juvenile's parent, guardian, custodian, or caretaker; or who has been abandoned; or who is not provided necessary medical care; or who is not provided necessary remedial care; or who lives in an environment injurious to the juvenile's welfare.

N.C. Gen. Stat. § 7B-101(15) (2017). "Neglect must exist at the time of the termination hearing, or if the parent has been separated from the child for an extended period of time, the petitioner must show that the parent has neglected the child in the past and that the parent is likely to neglect the child in the future." In re C.W. & J.W. , 182 N.C. App. 214, 220, 641 S.E.2d 725, 729 (2007) (citing In re Ballard , 311 N.C. 708, 714-15, 319 S.E.2d 227, 231-32 (1984) ). If prior neglect is considered, "[t]he trial court must also consider any evidence of changed conditions in light of the evidence of prior neglect and the probability of a repetition of neglect." Ballard

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Related

Matter of Ballard
319 S.E.2d 227 (Supreme Court of North Carolina, 1984)
In Re Shepard
591 S.E.2d 1 (Court of Appeals of North Carolina, 2004)
In re C.W.
641 S.E.2d 725 (Court of Appeals of North Carolina, 2007)
In re T.L.M.
803 S.E.2d 867 (Court of Appeals of North Carolina, 2017)
In re M.D., N.D.
682 S.E.2d 780 (Court of Appeals of North Carolina, 2009)

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Bluebook (online)
817 S.E.2d 797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ac-m-ncctapp-2018.