In re: A.C-M.J.

CourtCourt of Appeals of North Carolina
DecidedMarch 4, 2026
Docket25-641
StatusUnpublished
AuthorJudge April Wood

This text of In re: A.C-M.J. (In re: A.C-M.J.) 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.J., (N.C. Ct. App. 2026).

Opinion

An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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.

IN THE COURT OF APPEALS OF NORTH CAROLINA

No. COA25-641

Filed 4 March 2026

Caldwell County, No. 23JT000027-130

IN THE MATTER OF: A.C-M.J.

Appeal by respondent-mother from orders entered 18 March 2025 by Judge

Mark L. Killian in Caldwell County District Court. Heard in the Court of Appeals 27

January 2026.

Parent Defender Annick Lenior-Peek, by Assistant Parent Defender Benjamin J. Kull, for respondent-appellant mother.

Stephen M. Schoeberle for petitioner-appellee Caldwell County Department of Social Services.

N.C. Guardian Ad Litem Office, by Matthew D. Wunsche, for guardian ad litem.

WOOD, Judge. IN RE: A.C-M.J.

Opinion of the Court

Respondent-Mother (“Mother”) appeals from the trial court’s order terminating

her parental rights to her minor daughter A.C-M.J. (“Aurelia”).1 Mother argues the

trial court erred because (1) the termination was not supported by the evidence; and

(2) the determination that she was unfit is a logical impossibility based on the facts

of the case. For the reasons set forth below, we affirm the trial court’s termination of

Mother’s parental rights.

I. Factual and Procedural Background

Mother has a significant history of domestic violence. In 2020, Mother’s two

oldest minor children were removed by the Caldwell County Department of Social

Services (“DSS”) due to concerns of domestic violence in the home and Mother’s

inability to safely parent her minor children. Two years after DSS intervened,

Mother voluntarily relinquished her parental rights to her two oldest children. Both

children were adopted in September 2022.

Aurelia was born on 28 May 2021. On 16 February 2023, DSS once again

became involved with the family after a severe domestic violence incident occurred

between Mother and her husband (“Husband”), Aurelia’s presumed biological and

legal father. Mother frequently left Husband due to incidents of domestic violence

but continued to return to him. This pattern was consistent with her previous

1 Pseudonyms are used to protect the identity of the juveniles pursuant to N.C. R. App. P.

42(b).

-2- IN RE: A.C-M.J.

behavior which prompted DSS involvement with her two older children. Mother had

obtained four domestic violence protection orders against Husband prior to DSS’s

reinvolvement, the most recent of which was obtained in January 2023.

The family had previously resided in Burke County but were evicted from their

residence due to multiple incidents of domestic violence and an instance where

Husband, while the sole caretaker of Aurelia, caused a fire in the kitchen while

cooking methamphetamine.

On 17 February 2023, DSS filed a petition alleging Aurelia was neglected due

to the continuous and unresolved domestic violence, the loss of housing, and

Husband’s drug activity. DSS was granted nonsecure custody of Aurelia and

authorization to obtain a drug screening of her hair.

An adjudication hearing was held during the 21-22 March 2023 session of

Juvenile Court. On 6 April 2023, the trial court filed its adjudication order

adjudicating Aurelia to be a neglected juvenile. The trial court found that Mother’s

Husband was now deceased and that another man was Aurelia’s putative father

(“Father”). Father was a prior boyfriend of Mother with whom she also had a history

of domestic violence. Father was the biological father of one of the two older siblings;

however, his parental rights to the older child were involuntarily terminated on 3

March 2022.

The trial court noted Mother was living in a domestic violence shelter and

receiving services but could not provide the necessary care to Aurelia. Father had

-3- IN RE: A.C-M.J.

not been located for service. Aurelia had also tested positive on a hair follicle drug

screen for amphetamines and methamphetamines. The trial court found that it was

in Aurelia’s best interest to remain in foster care. The trial court set the permanent

plan as reunification and ordered a paternity test. The trial court also ordered

Mother to (1) complete a Comprehensive Clinical Assessment (“CCA”) and follow all

recommendations; (2) complete a Domestic Violence Assessment and follow all

recommendations; and (3) refrain from drug use.

On 16 May 2023, the trial court held the initial permanency planning hearing.

The trial court found that after Husband’s death Mother left the domestic violence

shelter and found an apartment. She was scheduled for her CCA on 11 May 2023 but

was unable to afford the $10.00 fee to obtain the report. The trial court also noted

that Mother was pregnant. The trial court found that Father had not been located

and had not availed himself of any services from DSS, consistent with his refusal to

engage with DSS during the prior case for their older child. The trial court continued

the permanent plan of reunification and added a secondary plan of adoption. The

trial court ordered Mother to complete her CCA, complete domestic violence services,

inform DSS of any domestic violence, obtain and maintain safe housing for six

months, inform DSS of all housing with all residents completing background checks,

maintain employment, complete a parenting capacity assessment, and demonstrate

parenting skills during visitation.

-4- IN RE: A.C-M.J.

On 15 November 2023, Mother filed a complaint for a Domestic Violence

Protection Order against Father stating that he had shown up at her home, had

refused to leave, and had taken her phone. Mother reported that he told her that he

had active warrants and did not want police to find him.

On 13 December 2023, the trial court held another permanency planning

hearing. Father, who was incarcerated at that time, was transported to court for the

hearing. DSS requested that the trial court cease video calls between Mother and

Aurelia at the foster family’s home due to privacy concerns and reduce in-person

visitation with Mother. The trial court terminated the video calls but maintained the

in-person visitation schedule. Because Father’s prior appointed counsel had been

discharged for Father’s failure to attend scheduled hearings, new counsel was

appointed. The trial court continued the matter to allow Father time to consult with

his new counsel.

On 19 March 2024, a subsequent permanency planning hearing was held. The

trial court found that Mother had completed the parenting capacity assessment with

Dr. Jennifer Cappelletty (“Dr. Cappelletty”). This was mother’s second assessment

with Dr. Cappelletty as she had conducted a previous assessment in 2021 during

Mother’s case concerning her two older children.

Dr. Cappelletty testified Mother had a sound knowledge base of parenting

skills, with the concern not being Mother’s lack of understanding but her repeated

failure to follow through with what she knew were better decision-making patterns

-5- IN RE: A.C-M.J.

when it came to protecting her children and refraining from domestic violent

relationships with abusive men. For instance, Mother reported to Dr. Cappelletty

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