In Re DJD

615 S.E.2d 26
CourtCourt of Appeals of North Carolina
DecidedJuly 5, 2005
DocketCOA04-955
StatusPublished

This text of 615 S.E.2d 26 (In Re DJD) 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 DJD, 615 S.E.2d 26 (N.C. Ct. App. 2005).

Opinion

615 S.E.2d 26 (2005)

In re D.J.D., D.M.D., S.J.D., J.M.D., Minor juveniles.

No. COA04-955.

Court of Appeals of North Carolina.

July 5, 2005.

Katharine Chester, Siler City, for respondent-appellant.

Theresa A. Boucher, Assistant County Attorney, for Forsyth County Department of Social Services, and Womble Carlyle Sandridge and Rice, by G. Wriston Marshburn, for the Guardian ad Litem.

*28 MARTIN, Chief Judge.

Respondent appeals the termination of his parental rights to D.J.D., D.M.D., S.J.D., and J.M.D. For the reasons stated below, we affirm the order of the trial court.

On or about 24 August 1999 the Forsyth County Department of Social Services (DSS) assumed non-secure custody when the children's mother started a fire after falling asleep with a pot of food cooking on the stove. DSS alleged neglect because of the family's involvement with DSS due to J.M.D.'s testing positive for cocaine at birth, the history of domestic violence between the parents, the mother's admission of drug addiction, the refusal to enroll one child in school, excessive absenteeism by another child, and the failure to maintain immunizations. At a hearing on 22 September 1999, the mother acknowledged the allegations, respondent "stood mute" and the children were adjudicated neglected pursuant to N.C. Gen.Stat. § 7B-101(15). Permanency planning review hearings were conducted on 17 December 1999, 17 March 2000, 12 July 2000, 13 September 2000, 14 March 2001, 14 September 2001, 15 March 2002, 14 June 2002, 13 September 2002, 13 December 2002 and 13 June 2003. On 1 May 2003 DSS filed a petition to terminate parental rights.

*29 It appears from the record before us that respondent was incarcerated at some time between the non-secure custody order and the 22 September 1999 adjudication. On 30 May 2000, he "was convicted of possession of cocaine and habitual felony" and sentenced to a minimum of 80 months in the custody of the Department of Corrections. The trial court acknowledged that due to his incarceration, respondent would be unable to comply with the DSS case plan pursuant to the 22 September 1999 order. At all of the review hearings, however, respondent was ordered to comply with substantially the same reunification requirements:

a) Address legal issues.
b) Obtain a drug assessment to determine his drug usage.
c) Attend Family Services — Men's Time Out Program for domestic violence issues and comply with recommendations[.]
d) Pay child support for each child beginning in January, 2000.
e) Attend supervised visitation with children according to DSS recommendations.

At the 17 December 1999 hearing DSS was relieved of reunification efforts.

During December of 1999 and January and February of 2000, respondent, apparently on bond awaiting trial, successfully attended supervised visitation, but did not pay child support, obtain a drug assessment, or attend the domestic violence program. At the 17 March 2000 hearing, placement with the maternal grandmother was the permanent plan. In addition to reiterating requirements similar to those recited above, the trial court ordered respondent to 1) pay $50.00 in child support by 1 April 2000; 2) not disrupt the children's placement, 3) receive birth control education, and 4) submit to drug testing at DSS's cost.

In its order following the 12 July 2000 hearing, the trial court found respondent had tested positive for cocaine on 17 March and suspended his child support obligations until he was eligible for work release. The permanent plan for the children continued to be placement with their maternal grandmother, but adoption was considered a concurrent plan. Similar findings were reiterated at the 13 September 2000 hearing, since respondent refused to attend the detention center's domestic violence program, failed to demonstrate appropriate parenting skills at subsequent visits with the children and had not completed any reunification requirements. The court determined that the children had been in foster care for over one year, and it approved the permanent plan to be adoption since "their mother, father, and maternal grandmother" were not suitable placements.

At the 14 March 2001 hearing, the court made additional findings concerning respondent's pending charges for driving without a license and speeding. It also noted that he was enrolled in a GED program and still had not attempted reunification requirements. The child support order was modified to be effective "at the point of his release or as he is eligible for work release." At the 14 September 2001 review, the only substantial change from the previous orders was that respondent should be allowed to 1) send his children mail through DSS and 2) conditioned upon the approval of the children's therapist, visit with them at the detention center.

At the 15 March 2002 hearing, the court found respondent "previously requested not to be writted [sic] in for future review hearings" and noted that respondent had institutional charges for active rioting, fighting and "creating offensive" at Caswell Correctional Center, and he still was not addressing the required issues. The permanent plan remained adoption, but since the mother was making progress regarding her requirements, the concurrent plan was reunification with her and DSS was ordered not to file a termination petition for six months. Respondent's child support obligations were "suspended retro-active July 14, 2000 until [respondent was] eligible for the Work Release Program" after the 14 June 2002 hearing.

Prior to the 13 December 2002 hearing the mother had a stroke, requiring care by the children's maternal grandmother, so, while adoption remained the permanent plan, the concurrent plan was changed to reunification with their mother and/or guardianship with relatives. At the 13 June 2003 hearing, the court noted that a termination petition had been filed on 1 May 2003 and the termination *30 hearing was scheduled for 21 July 2003; counsel and a Guardian ad Litem were appointed for respondent. This same order also scheduled another permanency planning review hearing for 12 December 2003 and the termination hearing for 15 September 2003.

Citing court conflicts, the case was continued until 10 September 2003. The 10 September 2003 order noted that the children's mother had suffered a stroke and had indicated through her attorney that she would "sign a Relinquishment of Minor for Adoption" form. Respondent, not present at the hearing but represented by counsel, indicated that he "intended to contest the Petition and wanted to be present for the hearing;" so the court granted his counsel's motion to continue. The court scheduled a hearing for 17 November 2003, and arranged for respondent's presence.

At the 17 November 2003 hearing, testimony by DSS tended to show that there was an existing pre-adoptive home for three of the four children, and a potential home for the fourth child; and that respondent visited with his children fifteen times between August 1999 and his 30 May 2000 conviction but had not communicated with them since. Respondent testified that he could not comply with all reunification requirements because he was not accepted into the DART program since he "was a drug dealer" not a "user." Other relevant findings by the trial court are:

(14) While respondent father has been in custody, he has had absolutely no contact with his children. He has not made any telephone calls, sent any cards, written any letters, nor arranged for any gifts.

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Bluebook (online)
615 S.E.2d 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-djd-ncctapp-2005.