In re A.M.D.

797 S.E.2d 714, 2017 WL 1281155, 2017 N.C. App. LEXIS 255
CourtCourt of Appeals of North Carolina
DecidedApril 4, 2017
DocketNo. COA16-943
StatusPublished

This text of 797 S.E.2d 714 (In re A.M.D.) 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.M.D., 797 S.E.2d 714, 2017 WL 1281155, 2017 N.C. App. LEXIS 255 (N.C. Ct. App. 2017).

Opinion

STROUD, Judge.

Respondent, the father of the juvenile A.M.D. ("Ada")1 , appeals from an order terminating his parental rights. After careful review, we affirm.

I. Background

On 4 August 2014, when Ada was 11 days old, Caldwell County Department of Social Services ("DSS") filed a petition alleging that she was a neglected and dependent juvenile due to domestic violence in her home. DSS first became involved with respondent's family prior to Ada's birth. On 28 April 2014, Ada's older siblings M.D. and A.D. ("Michelle" and "Allie") reported that respondent hit them with a belt. Michelle also reported that respondent hit Ada's mother ("Sara") in the face, causing her to bleed. On 11 June 2014, Michelle and Allie reported again seeing respondent hit Sara in the face and that their sibling J.D. ("Jane") was present when this incident occurred.2 Michelle and Allie further reported that respondent had locked Sara in a closet and that Sara had thrown a knife at respondent after he hit her. Both Michelle and Allie stated that they were afraid to go to respondent's home because of the fighting. On 18 June 2014, Allie reported that respondent made her pull down her pants and "whooped her with a belt[,]" leaving visible bruising. Respondent later admitted to spanking Allie with a belt on two separate occasions. On 30 July 2014, Allie disclosed that respondent had struck her in the mouth, which caused her to bleed from her nose and to cough up blood. Subsequently, a physical altercation occurred between respondent and Sara, after which Sara had scratches on her arm and respondent had a black eye. Michelle and Allie disclosed to social workers that they were told they would be "whooped if they told anyone about this incident."

On 1 August 2014, social workers met with respondent about his lack of compliance with services. Social workers informed respondent he was not to have "face to face contact with his children[.]" Social workers further informed respondent that they would be filing a petition concerning the juveniles. Respondent "became enraged and began to clinch his jaw, shake, become red faced, and eventually stormed out of the room." Respondent yelled at social workers and told them "he would not comply with anything[.]" Respondent then "screamed obscenities from the elevator" as he left. DSS obtained non-secure custody of Ada.

On 22 September 2014, the court adjudicated Ada a dependent juvenile, based on stipulations made by the parties. Ada was placed in the home of her maternal grandparents. The court declined to grant respondent visitation. The court ordered respondent to comply with a case plan, which included: (1) completion of a domestic violence assessment and compliance with all recommendations; (2) "honest" communication with DSS; (3) active participation and completion of parenting classes and compliance with all recommendations; (4) completion of a comprehensive clinical assessment and compliance with all recommendations; (5) that respondent not use or possess illegal drugs or non-prescribed controlled substances; and (6) submission to random drug screenings.

On 15 May 2015, the trial court ceased reunification efforts after finding that respondent had failed to address his substance abuse issues and had not completed domestic violence counseling. On 24 July 2015, the trial court changed the permanent plan for Ada to adoption. On 4 April 2016, DSS moved to terminate respondent's parental rights pursuant to N.C. Gen. Stat. § 7B-1111(a)(1) (neglect), (2) (failure to make reasonable progress), (3) (failure to pay support), and (6) (dependency) (2015).3 On 15 June 2016, the trial court terminated respondent's parental rights pursuant to the grounds alleged in the motion. Respondent appeals.

II. Grounds to Terminate

Respondent argues that the trial court erred by concluding that grounds existed to terminate his parental rights. We disagree.

N.C. Gen. Stat. § 7B-1111 (2015) sets out the statutory grounds for terminating parental rights. A finding of any one of the separately enumerated grounds is sufficient to support termination. In re Taylor , 97 N.C. App. 57, 64, 387 S.E.2d 230, 233-34 (1990). "The standard of appellate review is whether the trial court's findings of fact are supported by clear, cogent, and convincing evidence and whether the findings of fact support the conclusions of law." In re D.J.D. , 171 N.C. App. 230, 238, 615 S.E.2d 26, 32 (2005). We review the trial court's conclusions of law de novo. In re S.N. , 194 N.C. App. 142, 146, 669 S.E.2d 55, 59 (2008), aff'd per curiam , 363 N.C. 368, 677 S.E.2d 455 (2009).

In the instant case, the trial court concluded that grounds existed to terminate respondent's parental rights pursuant to N.C. Gen. Stat. § 7B-1111(a)(2). To terminate a parent's rights under N.C. Gen. Stat. § 7B-1111(a)(2) :

the trial court must perform a two-part analysis. The trial court must determine by clear, cogent and convincing evidence that [ (1) ] a child has been willfully left by the parent in foster care or placement outside the home for over twelve months, and ... [ (2) ] the parent has not made reasonable progress under the circumstances to correct the conditions which led to the removal of the child.

In re O.C. , 171 N.C. App. 457, 464-65, 615 S.E.2d 391, 396 (2005).

Here, in support of its conclusion that grounds existed pursuant to N.C. Gen. Stat. § 7B-1111(a)(2) to terminate respondent's parental rights, the trial court found as fact:

2. The direct circumstances which brought the juvenile into the care of [DSS] were that there was domestic violence between the Respondent father and [Sara]; the Respondent father had engaged in inappropriate discipline of older siblings of the minor child and the Respondent father refused to cooperate with [DSS] to assure the safety of the minor child.
....
4.

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Related

Taylor v. Taylor
387 S.E.2d 230 (Court of Appeals of North Carolina, 1990)
Koufman v. Koufman
408 S.E.2d 729 (Supreme Court of North Carolina, 1991)
Matter of Whisnant
322 S.E.2d 434 (Court of Appeals of North Carolina, 1984)
In re S.N.
677 S.E.2d 455 (Supreme Court of North Carolina, 2009)
In re D.J.D.
615 S.E.2d 26 (Court of Appeals of North Carolina, 2005)
In re O.C.
615 S.E.2d 391 (Court of Appeals of North Carolina, 2005)
In re T.M.
638 S.E.2d 236 (Court of Appeals of North Carolina, 2006)
In re S.N.
669 S.E.2d 55 (Court of Appeals of North Carolina, 2008)
In re B.S.D.S.
594 S.E.2d 89 (Court of Appeals of North Carolina, 2004)

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Bluebook (online)
797 S.E.2d 714, 2017 WL 1281155, 2017 N.C. App. LEXIS 255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amd-ncctapp-2017.