In re B.S.O.

760 S.E.2d 59, 234 N.C. App. 706, 2014 WL 2937104, 2014 N.C. App. LEXIS 679
CourtCourt of Appeals of North Carolina
DecidedJuly 1, 2014
DocketCOA14-186
StatusPublished
Cited by33 cases

This text of 760 S.E.2d 59 (In re B.S.O.) 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.S.O., 760 S.E.2d 59, 234 N.C. App. 706, 2014 WL 2937104, 2014 N.C. App. LEXIS 679 (N.C. Ct. App. 2014).

Opinion

STROUD, Judge.

*707 Respondent-parents appeal from an order terminating their parental rights to the minor children B.S.O. (“Brandy,” bom April 2009), V.S.O. (“Vincent,” bom May 2006), R.S.O. (“Ronald,” bom May 2005), A.S.O. (“Adam,” bom January 2004), and Y.S.O. (“Yvonne,” bom April 2010). 1 Because respondent-father is not the father of Adam or Yvonne, his appeal does not involve these children. We note that the district court also terminated the parental rights of Yvonne’s father, Jose S., and Adam’s putative father, Orlando V., neither of whom are parties to this appeal.

I. Procedural History

Mecklenburg County Youth and Family Services (“YFS”) obtained non-secure custody of Brandy, Vincent, Ronald and Adam on 14 October 2009, and of Yvonne on 9 April 2010. The district court adjudicated the four elder children neglected and dependent juveniles on 10 December 2009, and entered adjudications of neglect and dependency as to Yvonne on 5 May 2010. As we noted in respondents’ previous appeal, YFS “first became involved with the family in February of 2006 based on reports of inappropriate discipline and domestic violence. YFS remained involved with the family over the course of the next several years.” In re B.S.O., _N.C. App. _, _, 740 S.E.2d 483, 484 (2013).

YFS filed petitions to terminate respondents’ parental rights on 9 May 2011. The district court held its initial hearing on the petitions between 5 January and 16 March 2012 and entered an order terminating respondents’ parental rights on 18 April 2012. On appeal, we reversed the order and remanded to the district court for consideration of respondent-mother’s motion to re-open the evidence, which she filed prior to entry of the termination order. In re B.S.O., _N.C. App. at _, 740 S.E.2d at 486-87. The court allowed respondent-mother’s motion and received additional evidence in the cause on 18 July and 30 September 2013. By order entered 12 November 2013, the court again concluded that grounds existed to terminate respondents’ parental rights and determined that termination was in the best interests of the minor children. Respondents filed timely notices of appeal.

II. Standard of Review

Respondents challenge the district court’s adjudication of grounds to terminate their parental rights under N.C. Gen. Stat. § 7B-llll(a) (2013). In reviewing the trial court’s decision, we must determine whether the *708 findings of fact are supported by clear, cogent and convincing evidence, and whether the findings support the court’s conclusions of law. In re Gleisner, 141 N.C. App. 475, 480, 539 S.E.2d 362, 365 (2000). “If there is competent evidence, the findings of the trial court are binding on appeal.” In re McCabe, 157 N.C. App. 673, 679, 580 S.E.2d 69, 73 (2003). An appellant is bound by any unchallenged findings of fact. Koufman v. Koufman, 330 N.C. 93, 97, 408 S.E.2d 729, 731 (1991). Moreover, “erroneous findings unnecessary to the determination do not constitute reversible error” where the adjudication is supported by sufficient additional findings grounded in competent evidence. In re T.M., 180 N.C. App. 539, 547, 638 S.E.2d 236, 240 (2006). We review conclusions of law de novo. In re J.S.L., 177 N.C. App. 151, 154, 628 S.E.2d 387, 389 (2006).

Respondents challenge each of the grounds for termination found by the district court. However, it is well established that any “single ground ... is sufficient to support an order terminating parental rights.” In re 179 N.C. App. 788, 789, 635 S.E.2d 916, 917 (2006). Therefore, if we determine that the court properly found one ground for termination under N.C. Gen. Stat. § 7B-llll(a), we need not review the remaining grounds. See In re Humphrey, 156 N.C. App. 533, 540, 577 S.E.2d 421, 426-27 (2003).

III. Respondent-father’s Appeal

Respondent-father argues the district court erred in terminating his parental rights based on an adjudication of willful abandonment under N.C. Gen. Stat. § 7B-1111(a)(7) (2013). Respondent-father contends that he was not afforded notice of his need to defend this ground at the termination hearing because the petitions filed by YFS did not specifically allege willful abandonment under subpart (a)(7). See In re C.W., 182 N.C. App. 214, 228-29, 641 S.E.2d 725, 735 (2007). We disagree.

The Juvenile Code requires a motion or petition for termination of parental rights to allege “[f]acts that are sufficient to warrant a determination that one or more of the grounds for terminating parental rights [in N.C. Gen. Stat. § 7B-1111(a)] exist.” N.C. Gen. Stat. § 7B-1104(6) (2013). While the allegations “need not be exhaustive or extensive [,]” this Court has held that “they must be sufficient to put a party on notice as to what acts, omission or conditions are at issue.” In re T.J.F., _ N.C. App. _, _, 750 S.E.2d 568, 569 (2013) (citation and quotation marks omitted). Moreover,

[w]hen the petition alleges the existence of a particular statutory ground and the court finds the existence of a *709 ground not cited in the petition, termination of parental rights on that ground may not stand unless the petition alleges facts to place the parent on notice that parental rights could be terminated on that ground.

Id.

Under N.C. Gen. Stat. § 7B-llll(a)(7), parental rights may be terminated if “[t]he parent has willfully abandoned the juvenile for at least six consecutive months immediately preceding the filing of the petition or motion[.]” N.C. Gen. Stat. § 7B-llll(a)(7). “It has been held that if a parent withholds his presence, his love, his care, the opportunity to display filial affection, and wil[l]fully neglects to lend support and maintenance, such parent relinquishes all parental claims and abandons the child.” Pratt v. Bishop, 257 N.C. 486, 501, 126 S.E.2d 597, 608 (1962).

The petitions filed by YFS on 9 May 2011 alleged that respondent-father, inter alia, “abandoned said juvenile[s] in that . . . [he] was deported to Mexico . . . after being incarcerated on September 3, 2010. [His] current whereabouts are unknown.” (emphasis added).

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Cite This Page — Counsel Stack

Bluebook (online)
760 S.E.2d 59, 234 N.C. App. 706, 2014 WL 2937104, 2014 N.C. App. LEXIS 679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bso-ncctapp-2014.