In re A.D.N.

752 S.E.2d 201, 231 N.C. App. 54, 2013 WL 6237057, 2013 N.C. App. LEXIS 1250
CourtCourt of Appeals of North Carolina
DecidedDecember 3, 2013
DocketNo. COA13-709
StatusPublished
Cited by7 cases

This text of 752 S.E.2d 201 (In re A.D.N.) 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.D.N., 752 S.E.2d 201, 231 N.C. App. 54, 2013 WL 6237057, 2013 N.C. App. LEXIS 1250 (N.C. Ct. App. 2013).

Opinion

GEER, Judge.

Respondent mother appeals from the trial court’s order terminating her parental rights to A.D.N. (“Andy”).1 On appeal, respondent mother argues that the trial court lacked subject matter jurisdiction over the termination of parental rights (“TPR”) proceeding because petitioner, Andy’s paternal grandmother, lacked standing to file the TPR petition. We hold that the trial court properly concluded that Andy resided with petitioner for a continuous period of two years prior to the filing of the petition, such that petitioner had standing under N.C. Gen. Stat. § 7B-1103(a)(5) (2011). Although respondent mother additionally urges this Court to reverse the TPR order based on the trial court’s failure to appoint Andy a guardian ad litem, respondent mother has not preserved her argument on that issue for appeal. We, therefore, affirm the trial court’s order.

Facts

Petitioner first met respondent mother in February 2010 when petitioner’s son, respondent father, brought respondent mother to petitioner’s home in Beaufort, North Carolina in order to introduce respondent mother to petitioner. Petitioner had a strained relationship with respondent father because of his drug use and legal troubles. Two weeks later, respondent mother and father returned to petitioner’s home and told her that respondent mother was pregnant.

Respondent mother submitted to a pre-natal examination drug test on 1 September 2010, roughly two and a half months before Andy’s birth, and she tested positive for “BZO, oxycodone, and THC.” Respondent mother gave birth to Andy on 18 November 2010. At the time of his birth, Andy was diagnosed with neonatal withdrawal syndrome. Respondent mother admitted she used Xanax while pregnant with Andy, although she claimed she had been prescribed Xanax. In the days following Andy’s birth, respondent mother requested and was prescribed pain medication for pain from her C-section surgery. She then returned to the emergency room to obtain additional pain medications, telling petitioner that respondent father was “eating her prescriptions like candy.”

Andy was released from the hospital on 24 November 2010, and petitioner drove Andy and respondent mother and father to respondent mother’s stepfather’s house in Carteret County, North Carolina, where respondent mother and father were living. The next day, petitioner [56]*56brought Andy and respondent mother and father to petitioner’s home for Thanksgiving dinner, and two days later, on 27 November 2010, Andy spent the night at petitioner’s home at respondent mother and father’s request. Petitioner returned Andy to respondent mother and father the next day.

Beginning at the time of Andy’s birth, petitioner kept a daily calendar on which she noted information about Andy, including every time that Andy spent the night in her home. She did so because she worried about her son’s drug use and believed it was important to document information about Andy.

Petitioner’s calendar showed that from 1 December 2010 onward, Andy spent significantly more nights with petitioner than with respondent mother and father. In December 2010, Andy spent 21 nights in petitioner’s home. During January 2011, Andy stayed overnight at petitioner’s house for 25 nights. Andy spent 24 nights in petitioner’s home in February 2011, and another 26 nights at her home in March 2011. In April 2011, Andy stayed overnight at petitioner’s home for 26 nights.

In February 2011, respondent father was incarcerated for breaking and entering. Also in February, while respondent father was in prison, respondent mother moved into her own trailer home. Petitioner provided respondent mother with some furnishings for the trailer. When petitioner picked up Audy from respondent mother’s trailer, Andy always smelled strongly of cigarettes. On one occasion, when petitioner picked up Andy from respondent mother, Andy “reeked of stench” and was wearing ill-fitting clothes, requiring petitioner to immediately bathe him and properly dress him.

During this time, a member of respondent mother’s family called the Carteret County Department of Social Services (“DSS”) and reported an incident in which respondent mother excessively shook Andy because he would not stop crying. DSS then became involved and ordered respondent mother and father to enroll in drug rehabilitation programs and submit to random drug testing. As of 19 May 2011, neither respondent had enrolled in a program, and both had failed numerous random drug tests.

On 19 May 2011, petitioner obtained an ex parte custody order for Andy, pursuant to Chapter 50 of the North Carolina General Statutes, that granted petitioner temporary sole custody of Andy and restricted respondent mother and father from visiting or contacting the child in any way. The order provided that it was in Andy’s best interests to be in the sole care of petitioner and that there was probable cause to [57]*57believe that the ex paxte order was necessary to protect Andy’s health, welfare, and safety. A 24 May 2011 modification to the order allowed for supervised visitation by respondent mother and father.

In a 3 November 2011 order, the trial court again granted temporary custody to petitioner, although, this time, it was with the consent of respondent mother and father. Pursuant to the November 2011 order, respondent mother and father .were each granted two hours supervised visitation twice a week. Respondent mother and father were both ordered to enroll in a drug treatment and counseling program, submit to random drug tests, and enroll in the Family Adjustment Services program offered by DSS.

Respondent mother visited occasionally, but missed many scheduled visitation periods and rarely stayed for the entire two hour period. Respondent mother was prescribed Suboxin and methadone during this period of supervised visitation to assist in her opiate withdrawal. Respondent mother enrolled in a drug treatment program along -with respondent father, but respondent father was dismissed from the program after he and respondent mother attempted to sell respondent mother’s Suboxin at a counseling session. Although DSS had required respondents to stop living together and to refrain from drug abuse, they continued to live together and each failed random drug tests during the period of supervised visitation.

On 26 May 2012, after just completing a drug treatment program, respondent mother took three Xanax that she got from a family member and drove to Harlowe, North Carolina to buy cocaine. The day after the Harlow incident, 27 May 2012, respondent mother returned to her trailer and got into a fight with respondent father because he refused to give her money to return to Harlowe and buy more cocaine. Respondent mother hit respondent father, causing respondent father to seek emergency treatment for a severe foot wound. Petitioner visited respondents’ trailer the day after the fight and saw lots of blood and bloody rags on the floor, as well as a drug pipe and marijuana on the kitchen counter. In addition, the home was “nasty and dirty.”

The trial court entered an order on 8 August 2012 terminating respondents’ visitation with Andy. The court found that respondent mother “continues to use and abuse cocaine and other opiates.” The August 2012 order further found that respondent mother was evicted from her trailer for failing to pay rent for three months; that the trailer was condemned for health and safety reasons, including the roof partially falling in; and that respondent mother had made “numerous” [58]

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Cite This Page — Counsel Stack

Bluebook (online)
752 S.E.2d 201, 231 N.C. App. 54, 2013 WL 6237057, 2013 N.C. App. LEXIS 1250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adn-ncctapp-2013.