In re C.W.G.

792 S.E.2d 586, 250 N.C. App. 507, 2016 WL 6695846, 2016 N.C. App. LEXIS 1149
CourtCourt of Appeals of North Carolina
DecidedNovember 15, 2016
DocketNo. COA16–598
StatusPublished

This text of 792 S.E.2d 586 (In re C.W.G.) 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.W.G., 792 S.E.2d 586, 250 N.C. App. 507, 2016 WL 6695846, 2016 N.C. App. LEXIS 1149 (N.C. Ct. App. 2016).

Opinion

ZACHARY, Judge.

Respondent-mother (mother) appeals from the trial court's order terminating her parental rights to her son, C.W.G. ("Connor").1 For the following reasons, we affirm.

I. Background

Conner was born to mother and Jerry Green on 5 December 2002. Jerry died from a heart attack in 2012. Mother has a long history of marijuana use, and in September 2013, she was convicted for possession of drug paraphernalia and marijuana. As a result, mother was placed on probation until March 2016.2

On 7 March 2014, the Cleveland County Department of Social Services (DSS) received a report that mother had abused and neglected Connor. Specifically, the report alleged that mother was smoking marijuana in Connor's presence, had "smacked" him on the face, and suffered from untreated mental health issues. Responding to the report, a DSS social worker interviewed Connor and mother at their residence. Connor expressed concern about his mother's psychological well-being and stated that she would often deny that Jerry was dead. On one occasion, mother told Connor that Jerry was in a cryogenic laboratory awaiting cloning. In her interview with DSS, mother admitted that she was on probation for drug possession and stated that she had "los[t] it and smacked [Connor] in the face because she felt like he was smarting off at her[.]" Upon further investigation, the DSS social worker learned that mother had ceased her mental health treatment in November 2013, and that mother had stopped taking the medications associated with that treatment.

On 19 March 2014, DSS filed a petition alleging that Connor was a neglected and dependent juvenile. That same day, DSS was granted nonsecure custody of Connor, who was later placed in foster care. Pursuant to a pre-adjudication case plan, mother agreed to complete a parenting assessment, undergo a substance abuse assessment, and submit to random drug screens.

In April 2014, mother underwent a psychological evaluation and was diagnosed with Paranoid Schizophrenia. The evaluating psychologist also concluded that mother "currently lack[ed] the abilities to provide [Conner with the] appropriate care, supervision, and support" that he needed. Upon the psychologist's recommendation, a guardian ad litem was appointed to represent mother in the proceedings concerning DSS's neglect and dependency petition. Mother submitted to a substance abuse assessment in early May 2014. The assessment recommended that mother participate in a three-session-per-week Substance Abuse-Intensive Outpatient Program (SAIOP) conducted by Phoenix Counseling Center in Gaston County. Mother began attending the SAOIP on 12 May 2014, but she attended only nine sessions out of the scheduled twenty-one sessions in the first seven weeks.

DSS's petition was heard in Cleveland County District Court on 9 July 2014, and six days later, the trial court entered an Adjudication and Disposition Order. Although mother specifically denied "the allegations ... regarding [Connor's] statements to the Social Worker regarding ... mother's substance abuse," she stipulated to the remaining allegations contained in the petition. Mother further stipulated to a finding of dependency "based upon [her] mental illness." Acknowledging its agreement with this stipulation, DSS informed the trial court that it would "not proceed on the allegations of neglect set forth in the petition."

As a result, the trial court adjudicated Connor to be a dependent juvenile. The disposition portion of the trial court's order adopted a case plan that required mother to "successfully complete parenting classes [and] ... demonstrate appropriate parenting skills[,]" follow recommendations for psychiatric treatment and medication, "submit to regular random drug testing and ... demonstrate her ability to maintain sobriety," and "comply with all recommendations for [substance abuse] treatment." Mother was granted supervised visitation with Connor for one hour per week along with fifteen minutes per week phone contact.

Mother transferred her substance abuse treatment to Phoenix Counseling's Cleveland County location on 14 July 2014, and her attendance at weekly sessions improved. Still, mother tested positive for marijuana on the majority of her drug screens (13 out of 17) between July and September 2014. Three of her drug screens during this period were positive for Xanax while one was positive for Klonopin, both of which are benzodiazepines. As a result, mother was recommended for a higher level of care, Substance Abuse Comprehensive Outpatient Treatment (SACOT).

After conducting its first review hearing on 1 October 2014, the trial court ordered DSS to maintain reunification efforts. Mother began the SACOT program on 7 October 2014. She attended sessions regularly and passed the majority of her drug screens (24 out of 26), although two screens were positive for benzodiazepines. Despite these positive developments, mother gained little insight into, and refused to take responsibility for, her substance abuse issues. She also exhibited troubling mental health symptoms, accusing the staff of Phoenix Counseling of tampering with her attendance records, blaming family and friends for her positive drug screens, and asserting that her pharmacist conspired with Connor's foster parents to cause her to fail her drug screens. At one point, mother claimed that individuals were putting benzodiazepines in her soft drinks. [R p 216] On 3 December 2014, mother left the SACOT program because she "was not happy with [it]."

After conducting a permanency planning hearing on 10 December 2014, the trial court entered an order that continued DSS's custody of Connor and sustained reunification efforts. The court also continued mother's in-person and telephonic visits with Connor, even though mother sometimes displayed troubling behavior during visitation. Specifically, despite repeated admonishments from the trial court, mother continued to talk with Connor about her mental health and her financial issues. Mother also spoke negatively about other family members and told Connor that he was coming home. Connor hoped to be reunited with mother, but he also expressed his desire to be adopted by his foster family if reunification was impossible. As of December 2014, mother had commenced, but ultimately abandoned, two parenting classes. Mother began a new parenting class in February 2015. At this point in time, Connor told his social worker that he wanted "to be adopted by his foster parents."

Following mother's discharge from the SACOT program, DSS referred her to Preferred Choice Healthcare for substance abuse treatment. Mother missed her first four scheduled appointments, but kept her initial, in-take appointment on 16 February 2015. Although mother was undergoing psychiatric treatment and medication management, she told DSS on numerous occasions that she was not taking her prescribed medications, which did not include any benzodiazepines. After holding a second permanency planning hearing on 18 February 2015, the trial court entered an order that ceased reunification efforts, and that sanctioned a permanent plan of adoption with a concurrent plan of guardianship. Mother completed her parenting class in mid-April 2015 subject to "concerns about [her] ability to implement solutions and use her parenting skills because of her passive nature."

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Bluebook (online)
792 S.E.2d 586, 250 N.C. App. 507, 2016 WL 6695846, 2016 N.C. App. LEXIS 1149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cwg-ncctapp-2016.