In re C.G.R.

717 S.E.2d 50, 216 N.C. App. 351, 2011 N.C. App. LEXIS 2239
CourtCourt of Appeals of North Carolina
DecidedOctober 18, 2011
DocketNo. COA11-263
StatusPublished
Cited by4 cases

This text of 717 S.E.2d 50 (In re C.G.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.G.R., 717 S.E.2d 50, 216 N.C. App. 351, 2011 N.C. App. LEXIS 2239 (N.C. Ct. App. 2011).

Opinion

MARTIN, Chief Judge.

M.R. (respondent) appeals from orders terminating her parental rights to her daughter, M.A.C.-R. (Mary), and her son, C.G.R. (Charlie). For the following reasons, we affirm the trial court’s orders.

The Chatham County Department of Social Services (DSS) became involved with respondent in June 2007 when the Chatham County Sheriff’s Department executed a search warrant to search the home in which respondent, five-year-old Charlie, respondent’s boyfriend, E.S., and E.S.’s mother and brother lived. The officers discovered fifteen kilograms of cocaine, approximately $420,000 in cash, three firearms, ammunition, and numerous other items related to the packaging and sale of cocaine. Respondent was arrested and DSS took custody of Charlie. At the time of her arrest, respondent was about seven months pregnant with Mary.

DSS filed a petition dated 29 June 2007 alleging Charlie was a neglected juvenile and a dependent juvenile. In an order dated 9 August 2007, the trial court adjudicated Charlie as neglected. On 31 August 2007, while she was in jail, respondent gave birth to Mary. DSS took custody of Mary and filed a petition alleging Mary was a depend- ent juvenile. In an order dated 13 September 2007, the trial court adjudicated Mary as dependent. Following a custody review hearing in November, in an order dated 28 February 2008, the trial court relieved DSS of reunification efforts and efforts to prevent or eliminate the need for out-of-home placement.

Respondent was released from jail on 21 April 2008. In a motion dated 22 April 2008, DSS moved to terminate respondent’s rights to her children. Following hearings in November and December 2008, by [354]*354order entered 14 January 2009, the trial court terminated respondent’s parental rights to her children. The trial court found grounds existed to terminate respondent’s parental rights to Mary because Mary was a dependent juvenile under N.C.G.S. § 7B-llll(a)(6) and to Charlie because Charlie was a dependent juvenile under N.C.G.S. § 7B-llll(a)(6) and a neglected juvenile under N.C.G.S. § 7B-llll(a)(l). Respondent appealed and, in an opinion filed 1 September 2009, this Court reversed the trial court’s order as to both children because DSS had not alleged dependency as a ground to terminate respondent’s parental rights to either child, and the trial court had not made the necessary findings to terminate respondent’s rights to Charlie on the ground of neglect. See In re C.R., 199 N.C. App. 615, 687 S.E.2d 318 (2009) (unpublished).

On remand, alleging several grounds under N.C.G.S. § 7B-llll(a), DSS filed new motions dated 18 September 2009 to terminate respondent’s parental rights to both children. From April to October 2010, the trial court held several hearings on the new motion to terminate respondent’s parental rights to Mary. On 14 December 2010, the trial court entered new orders terminating respondent’s parental rights to both Mary and Charlie. As to Mary, its grounds were that respondent: (1) neglected Mary under N.C.G.S. § 7B-llll(a)(l); (2) willfully left Mary in foster care for more than twelve months without making reasonable progress in correcting the conditions which led to the removal of Mary from respondent’s care under N.C.G.S. § 7B-llll(a)(2); and (3) is incapable of providing for the proper care and supervision of Mary such that Mary is a dependent juvenile under N.C.G.S. § 7B-llll(a)(6). As to Charlie, the trial court amended its previous order terminating respondent’s parental rights by making additional findings without taking new evidence, and again concluding that respondent had neglected Charlie under N.C.G.S. § 7B-llll(a)(l).

On appeal, respondent argues the trial court erred in concluding a ground existed to terminate her parental rights to Mary based on neglect under N.C.G.S. § 7B-llll(a)(l). We disagree.

In reviewing a trial court’s order terminating parental rights, this Court must determine whether the trial court’s findings of fact are supported by clear, cogent, and convincing evidence and whether those findings support the trial court’s conclusions of law. In re S.N., 194 N.C. App. 142, 146, 669 S.E.2d 55, 58-59 (2008), aff’d per curiam, 363 N.C. 368, 677 S.E.2d 455 (2009). “The trial court’s conclusions of [355]*355law are fully reviewable de novo by the appellate court.” Id. at 146, 669 S.E.2d at 59 (internal quotation marks omitted).

Parental rights may be terminated where the parent has neglected the juvenile such that the court finds the juvenile to be a neglected juvenile within the meaning of N.C.G.S. § 7B-101. N.C. Gen. Stat. § 7B-llll(a)(l) (2009). A “neglected juvenile” is defined as

[a] juvenile who does not receive proper care, supervision, or discipline from the juvenile’s parent, guardian, custodian, or caretaker; or who has been abandoned; or who is not provided necessary medical care; or who is not provided necessary remedial care; or who lives in an environment injurious to the juvenile’s welfare; or who has been placed for care or adoption in violation of law. In determining whether a juvenile is a neglected juvenile, it is relevant whether that juvenile . . . lives in a home where another juvenile has been subjected to .. . neglect by an adult who regularly lives in the home.

N.C. Gen. Stat. § 7B-101(15) (2009) (emphasis added).

The trial court’s order finding Mary neglected includes the following relevant findings:

10. [Mary] was impaired due to Respondent mother’s neglect and is at a substantial risk of impairment and continued neglect as a result of Respondent Mother’s failure to provide and maintain stable housing and maintain employment to support the minor child as of the time the petition was filed.
11. [Charlie], another child born to Respondent mother, . . . has been adjudicated a neglected child pursuant to [N.C.G.S. §] 7B-101(15) and was found to be neglected by Respondent mother when he was residing in her home.
12. [Charlie] was removed by [DSS] from Respondent mother and the father of [Mary] on or about June 29, 2007 after a drug raid occurred at the home where they lived. At the time of the drug raid Respondent mother was pregnant with [Mary] who was born during Respondent mother’s incarceration.

17. During the drug raid, the following was found:

a. fifteen (15) kilograms of cocaine which had been compressed into bricks,
[356]*356b. a bench press which is commonly used to compress cocaine into bricks,
c. cash counters, food wrappers and numerous items commonly used for the sale of drugs,
d. $428,000.00 in U.S. currency,
The majority of the money was found in the master bedroom. Money was also found underneath the cushions of the sofa. Some of the money had been compressed into bricks.
e. Two loaded AR-15 style assault rifles and one loaded .38 ' caliber revolver. The revolver was located in the master bedroom on top of a piece of furniture.
f.

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Related

In re: J.A.M.
816 S.E.2d 901 (Court of Appeals of North Carolina, 2018)
In re P.M.
795 S.E.2d 832 (Court of Appeals of North Carolina, 2017)
In Re Cgr
717 S.E.2d 50 (Court of Appeals of North Carolina, 2011)

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Bluebook (online)
717 S.E.2d 50, 216 N.C. App. 351, 2011 N.C. App. LEXIS 2239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cgr-ncctapp-2011.