In re D.L.B.

825 S.E.2d 279
CourtCourt of Appeals of North Carolina
DecidedApril 2, 2019
DocketNo. COA18-912
StatusPublished

This text of 825 S.E.2d 279 (In re D.L.B.) 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 D.L.B., 825 S.E.2d 279 (N.C. Ct. App. 2019).

Opinion

DIETZ, Judge.

Respondent appeals the trial court's order terminating her parental rights to her son Dylan1 . Because we find that the trial court did not err in terminating Respondent's parental rights on the ground of neglect and did not abuse its discretion in determining that termination was in Dylan's best interests, we affirm the trial court's order.

Facts and Procedural History

On 16 February 2016, the Wake County Department of Human Services (WCHS) filed a petition alleging that Dylan was a neglected and dependent juvenile. WCHS alleged that Respondent had moved to Texas after placing Dylan with non-relatives in South Carolina. Dylan's maternal aunt went to South Carolina and brought Dylan back home with her to North Carolina for the 2015 Christmas holiday. The aunt did so with the understanding that Respondent would bring Dylan back to Texas with her after visiting Dylan and the aunt in North Carolina.

On 30 December 2015, Respondent informed the aunt that she would not pick up Dylan due to financial difficulties. At the time, the aunt was undergoing cancer treatment, and Respondent was aware of the aunt's inability to provide long term care for Dylan. When WCHS contacted Respondent to make arrangements for Dylan's care, Respondent made several statements that she would pick up Dylan in January, then February, and then said she would have to wait until March to be able to financially meet the child's needs.

WCHS conducted a family assessment and learned that Dylan was not enrolled in school nor receiving any medical and mental health services. The aunt expressed concerns about Dylan's health due to his frequent urination, constant thirst, and family history of diabetes. She also reported that Dylan had frequent night terrors, hoarded food, and stole items within her home. The aunt, however, was unable to provide or obtain medical and mental health services for Dylan while he was in her care.

WCHS further alleged that family members had reported concerns about Respondent's instability since Dylan's birth. They reported that Respondent had often left Dylan with non-relatives and had not been accessible to meet his needs. Family members also expressed concerns about Respondent's mental health and stated she had been hospitalized and received medication and therapy as a child. WCHS detailed a 2015 incident in Texas in which Respondent was belligerent toward police officers, threatened to kill people, and was taken to the hospital. WCHS stated that Respondent had previous criminal charges for multiple simple assaults, assault on a government official, communicating threats, resisting a public officer, injury to personal property, and simple affray.

Based on these allegations, WCHS asserted that Respondent was unable to care for Dylan, that Respondent had not provided for an appropriate alternative caregiver, and that Dylan's father was unknown. WCHS obtained non-secure custody of Dylan and, on 13 June 2016, the trial court adjudicated Dylan as neglected and dependent. The trial court ordered that custody remain with WCHS and that Respondent regularly visit with Dylan.

On 6 December 2017, WCHS filed a petition to terminate Respondent's parental rights on the grounds of neglect, willful failure to make reasonable progress to correct the conditions that led to removal, and abandonment.2 On 18 June 2018, the trial court entered an order terminating Respondent's parental rights on the grounds of neglect and willful failure to make reasonable progress under N.C. Gen. Stat. § 7B-1111(a)(1) and (2). Respondent appealed.

Analysis

I. Grounds for Termination

Respondent first argues that the trial court erred by concluding that grounds existed to terminate her parental rights. We disagree.

N.C. Gen. Stat. § 7B-1111 sets out the statutory grounds for terminating parental rights. A finding of any one of the separately enumerated grounds is sufficient to support termination. In re P.L.P. , 173 N.C. App. 1, 8, 618 S.E.2d 241, 246 (2005).

"The standard of appellate review is whether the trial court's findings of fact are supported by clear, cogent, and convincing evidence and whether the findings of fact support the conclusions of law." In re D.J.D. , 171 N.C. App. 230, 238, 615 S.E.2d 26, 32 (2005). We review the trial court's conclusions of law de novo . In re S.N. , 194 N.C. App. 142, 146, 669 S.E.2d 55, 59 (2008), aff'd per curiam , 363 N.C. 368, 677 S.E.2d 455 (2009).

Here, the trial court concluded that grounds existed to terminate respondent's parental rights based on neglect. N.C. Gen. Stat. § 7B-1111(a)(1). A "neglected juvenile" is defined as:

Any juvenile less than 18 years of age (i) who is found to be a minor victim of human trafficking under G.S. 14-43.15 or (ii) whose parent, guardian, custodian, or caretaker does not provide proper care, supervision, or discipline; 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.

N.C. Gen. Stat. § 7B-101(15). Generally, "[i]n deciding whether a child is neglected for purposes of terminating parental rights, the dispositive question is the fitness of the parent to care for the child at the time of the termination proceeding." In re L.O.K. , 174 N.C. App. 426, 435, 621 S.E.2d 236, 242 (2005) (citation omitted). But where, as here, "a child has not been in the custody of the parent for a significant period of time prior to the termination hearing, requiring the petitioner in such circumstances to show that the child is currently neglected by the parent would make termination of parental rights impossible." Id. at 435, 621 S.E.2d at 242.

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Related

In Re Anderson
564 S.E.2d 599 (Court of Appeals of North Carolina, 2002)
State v. Hennis
372 S.E.2d 523 (Supreme Court of North Carolina, 1988)
Koufman v. Koufman
408 S.E.2d 729 (Supreme Court of North Carolina, 1991)
Matter of Whisnant
322 S.E.2d 434 (Court of Appeals of North Carolina, 1984)
In re S.N.
677 S.E.2d 455 (Supreme Court of North Carolina, 2009)
In re D.J.D.
615 S.E.2d 26 (Court of Appeals of North Carolina, 2005)
In re P.L.P.
618 S.E.2d 241 (Court of Appeals of North Carolina, 2005)
In re L.O.K.
621 S.E.2d 236 (Court of Appeals of North Carolina, 2005)
In re S.N.
669 S.E.2d 55 (Court of Appeals of North Carolina, 2008)

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825 S.E.2d 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dlb-ncctapp-2019.