In re: C.A.D. & B.E.R.

786 S.E.2d 745, 247 N.C. App. 552, 2016 WL 2864860, 2016 N.C. App. LEXIS 573
CourtCourt of Appeals of North Carolina
DecidedMay 17, 2016
Docket15-1195
StatusPublished
Cited by8 cases

This text of 786 S.E.2d 745 (In re: C.A.D. & B.E.R.) 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: C.A.D. & B.E.R., 786 S.E.2d 745, 247 N.C. App. 552, 2016 WL 2864860, 2016 N.C. App. LEXIS 573 (N.C. Ct. App. 2016).

Opinion

HUNTER, JR., ROBERT N., Judge.

*553 Respondent-Mother Tabitha Nicole Rogers ("Respondent") appeals following an order terminating her parental rights to her minor children "Beth" and "Charlie." 1 We hold the trial court did not abuse its discretion in terminating Respondent's parental rights to serve Beth's and Charlie's best interests.

I. Factual and Procedural Background

Since 2002, the Cumberland County Department of Social Services ("DSS") visited Respondent's home over nine times for child protective service referrals. She is the biological mother of four children, "Richard," Beth, "Oliver" (now deceased), and Charlie. 2 Samuel Nolan is Beth's legal father. Brian Phillip "Tank" Davis is Respondent's boyfriend *554 and Charlie's putative father. Cory Bavousett is Richard's father and Christopher Morrison is Richard's putative father. Oliver's biological father is unidentified in the record.

Respondent lives in a two-bedroom single-wide trailer with her three children Oliver, Beth, and Richard, her parents Marjorie Rogers and Graham Rogers, Jr. (the "maternal grandparents"), her boyfriend Brian Phillip "Tank" Davis, and her brother Graham Rogers III. She is unemployed. Charlie had not yet been born into this environment. On 18 March 2008, social worker Yvette Jordan (Cumberland County DSS) visited the home to investigate a referral, which came from a 911 call from a member of this household.

Ms. Jordan walked into "clutter, disarray and squalor" that engulfed the residents. Oliver, Richard's and Beth's ten-month-old baby brother, lain dead, his body decomposing "for an undetermined period of time." Bruises distorted his face, chest, arms, and legs. A sore left the flesh of his arm open and exposed. His skin was purple and lifeless, "slippage indicat[ed] he had been dead for a period of time." When asked about Oliver's death, Tabitha Rogers, Graham Rogers III, Marjorie Rogers, Graham Rogers Jr., and Brian Phillip "Tank" Davis, could not, or would not, give an explanation. The trial court heard allegations Brian Phillip "Tank" Davis had harmed Oliver. After an autopsy on Oliver's body, the examiner determined "there were total inconsistencies between the adults' statements and the time [of Oliver's death."]

The home was "infested with roaches, had dirty diapers on the floor ... piles of dirty clothes ... one baby's bottle containing a dark liquid substance ... [and] [t]he home *747 smelled of urine and had a strong animal smell as well." "There was very little food in the home, [and] there was no food or formula for [Oliver] in the home."

Beth, then three years old, was "covered in dirt and she had a strong urine smell on her body." Scratches painted her legs, feet, and face. She was dressed unfit for the March weather. When taken to the hospital for her injuries, Beth "had to be bathed before the doctor could examine her."

Her five-year-old brother, Richard, wore disturbing injuries. Richard "had a rash under his left arm and a healing gash on top o[f] his head." When asked about the gash, Richard "replied that he could not talk about it." Like Beth, doctors had to bathe him before he could be examined.

The record discloses no criminal charges filed in this matter.

On the day after Ms. Jordan's visitation, DSS filed a verified juvenile petition alleging Beth and Richard were abused, neglected, and *555 dependent. Cumberland County District Court Judge Edward A. Pone immediately ordered non-secure custody of the juveniles and placed them into foster care and therapy. While in foster care, the children evidenced " significant [ ] developmental delays."

On 5 August 2008, Judge Pone adjudicated Beth and Richard as "neglected" and dismissed the allegations of abuse and dependency. Judge Pone found "[r]eturn of the juveniles to the Respondent[ ] would be contrary to the welfare and best interest of the juveniles in as much as additional services are needed." Judge Pone found Beth's and Richard's home "an injurious environment," and the family "has a long history of involvement with Child Protective Services," and it was "imperative" for the children to reside in a clean and safe environment.

To achieve this end, Judge Pone ordered Respondent to enroll in parenting classes, and put the children in continued therapy and foster care. The record shows Respondent "by and through her counsel, admitted and stipulated that the juveniles were neglected." The record does not disclose what party, if any, recommended the children be reunified with Respondent and/or the maternal grandparents. Notwithstanding this lack, Judge Pone statutorily set the permanent plan as reunification with Respondent. See In re L.M.T., A.M.T., 367 N.C. 165 , 167, 752 S.E.2d 453 , 455 (2013) (citing N.C. Gen.Stat. § 7B-507(b) (2011) ). DSS devised "a plan of structure for the family" which included intensive in-home services.

In September 2008, Respondent gave birth to her fourth child, Charlie. On 21 November 2008, Judge Pone ordered Beth and Richard to be transitioned back into the home with Respondent and the maternal grandparents. The record does not disclose what party advocated for this transition. Judge Pone ordered the family to participate in intensive in-home services and therapy, and set the following boundaries recommended by Richard's therapist:

a. [Richard] should have his own bed and space and preferably his own bedroom;
b. [Richard] should sleep by himself in his own bed;
c. [Richard] should not sleep with "Mr. and Mrs. Rogers."
d. The caregivers should not possess or access pornography in the home or on the property where [Richard] resides.
e. The caregivers should maintain personal boundaries when in the presence of [Richard] by always being fully clothed i.e. underwear, pants, bra and shirts.
*556 f. [Richard] should not be responsible for the care giving or disciplining of any children including his siblings i.e. diaper changing, carrying, etc....
h. [Richard] should have no contact with [Brian Phillip "Tank" Davis] by phone, in person, by written correspondence, or by seeing pictures....
o. Ms. Tabitha Rogers should receive psychoeducation....
q. Graham and Marjorie Rogers should receive psychoeducation....

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Bluebook (online)
786 S.E.2d 745, 247 N.C. App. 552, 2016 WL 2864860, 2016 N.C. App. LEXIS 573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cad-ber-ncctapp-2016.