In re: B.H.

CourtCourt of Appeals of North Carolina
DecidedJuly 6, 2021
Docket21-27
StatusPublished

This text of In re: B.H. (In re: B.H.) 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: B.H., (N.C. Ct. App. 2021).

Opinion

IN THE COURT OF APPEALS OF NORTH CAROLINA

2021-NCCOA-297

No. COA21-27

Filed 6 July 2021

Beaufort County, No. 19-JA-140

IN THE MATTER OF: B.H.

Appeal by respondent from order entered 21 September 2020 by Judge Regina

R. Parker in Beaufort County District Court. Heard in the Court of Appeals 8 June

2021.

Miller & Audino, LLP, by Jay Anthony Audino, for Petitioner-Appellee Beaufort County Department of Social Services.

Elon University School of Law Guardian ad Litem Appellate Advocacy Clinic, by Senior Associate Dean Alan D. Woodlief, Jr., for guardian ad litem.

Lisa Anne Wagner for Respondent-Appellant Mother.

CARPENTER, Judge.

¶1 Respondent-Mother appeals from a permanency planning order (the “Order”)

entered 21 September 2020 granting permanent guardianship of B.H. to her paternal

aunt, E.H., and E.H.’s long-term partner, L.G., and ordering supervised visitation to

Respondent-Mother and B.H.’s biological father. On appeal, Respondent-Mother

contends the trial court failed to follow the statutory mandate prescribed in N.C. Gen. IN RE: B.H.

Opinion of the Court

Stat. § 7B-600(c) (2019) and N.C. Gen. Stat. § 7B-906.1(j) (2019). Specifically, she

argues the trial court erred in granting guardianship to E.H. and L.G. without first

verifying that both guardians understood the legal significance of the appointment of

guardianship, as statutorily required. After careful review, we affirm the Order

because there is competent evidence in the record to support the trial court’s

verification.

I. Factual & Procedural Background

¶2 B.H. is the oldest of Respondent-Mother’s four children and has a different

father from her siblings.1 The North Carolina Department of Social Services’

engagement with Respondent-Mother’s children dates back to 2015. On 4 February

2015, Respondent-Mother was arrested on drug-related charges in Carteret County

while her two children were present in the car with her as she “conduct[ed] drug

deals.” Following Respondent-Mother’s arrest, Carteret County Department of Social

Services obtained legal custody of B.H. and her younger half-sister. E.H. and L.G.

served as a relative placement for the two children from March 2015 to June 2016.

¶3 Nearly four years later, on 14 January 2019, the Beaufort County Department

of Social Services (“DSS” or “Petitioner-DSS”) received a report from the Craven

County Department of Social Services alleging: (1) the children were dirty and

1 None of B.H.’s three half-siblings is, nor is either of the children’s fathers, a subject of this

appeal. IN RE: B.H.

unkept; (2) the children spoke about living in a camper with no water or power; (3)

the family slept closely together in a van to keep warm; and (4) there was a warrant

for Respondent-Mother’s arrest for violating school attendance laws. After receiving

the report, DSS provided in-home services to assist the family with enrolling the

children in school and obtaining stable housing.

¶4 On 31 January 2019, DSS received information from the Carteret County

Department of Social Services reporting that it had become involved with

Respondent-Mother’s family due to concerns she slept half the day, kept her two

oldest girls in her bedroom, and did not properly care for her children. The family

could not be located; therefore, DSS could not continue to provide its in-home services

to the family.

¶5 On 15 October 2019, DSS received a report alleging improper care of juveniles

due to Respondent-Mother’s children not attending school. The report further alleged

Respondent-Mother had just given birth to her fourth child, and the family had no

stable housing. Concerns of past substance abuse by Respondent-Mother as well as

by Z.H., the husband of Respondent-Mother and the father of B.H.’s three half-

siblings, were also raised in the report. A social worker contacted Z.H. on 18 October

2019. Z.H. informed the social worker that the family was staying in a hotel and

stated he would provide the hotel information later that evening; however, neither

Z.H. nor Respondent-Mother provided the location of the family or otherwise made IN RE: B.H.

themselves or the children available to the social worker. The social worker was

unable to locate the family despite making diligent efforts. Because DSS could not

locate the family during the assessment period, the 15 October 2019 report was closed

on 27 November 2019.

¶6 On 5 December 2019, an additional report was made to DSS. DSS sent this

report to the Onslow County Department of Social Services as the family was

suspected of living in Onslow County with a family member. The report alleged the

family was living with a registered sex offender, B.H. was not enrolled in school, and

B.H. was in need of a physical examination. Again, the family could not be located;

however, Onslow County Department of Social Services was able to make contact

with Respondent-Mother by telephone, and she acknowledged the report.

¶7 On 10 December 2019, DSS received a similar report, which was based on

B.H.’s lack of enrollment in school, her parents’ failure to make her physical

examination appointment so B.H. could enroll in school, and the family’s

homelessness and “couch surfing.” The report also expressed concerns of the

children’s safety due to potential substance abuse by Respondent-Mother, Z.H., and

Z.H.’s sister with whom the family was staying, as well as the possible presence of a

registered sex offender in the sister’s home. Due to DSS’s allegations and concerns,

including the possibility of the family fleeing out-of-state with the minor children,

DSS sought emergency custody of the four minor children. DSS learned Respondent- IN RE: B.H.

Mother was scheduled for treatment services at the Agape Center on 10 December

2019, and found the family at the location on that day. DSS obtained custody of the

children at the facility with the assistance of the Washington Police Department. The

Washington Police Department arrested Respondent-Mother based on three active

arrest warrants related to violating school attendance laws and absconding from

probation, which had been imposed in part because of a previous school truancy

conviction. Respondent-Mother was placed in jail for a thirty-day sentence.

¶8 Following the events on 10 December 2019, DSS filed the same day a juvenile

petition alleging neglect and dependency of B.H. by Respondent-Mother and B.H.’s

biological father. Also on 10 December 2019, the trial court issued an order for

nonsecure custody, which was filed 11 December 2019. The nonsecure custody order

awarded placement authority to DSS, and a hearing was scheduled for 18 December

2019 to determine the need for continued nonsecure custody.

¶9 Upon the filing of the petition, all four children were placed in licensed foster

homes. After B.H. and her older half-sister were placed in a home together, B.H.’s

biological father requested during a team meeting with the social worker that a home

study be completed on his sister, E.H. Consequently, Respondent-Mother asked that

B.H.’s half-sister also be placed with E.H. since the siblings had already been placed

in a foster home together. E.H. and L.G. agreed to be considered as a placement for

B.H. only.

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