In re D.L.W.

773 S.E.2d 504, 241 N.C. App. 32, 2015 N.C. App. LEXIS 417
CourtCourt of Appeals of North Carolina
DecidedMay 19, 2015
DocketNo. COA14–1341.
StatusPublished
Cited by3 cases

This text of 773 S.E.2d 504 (In re D.L.W.) 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.W., 773 S.E.2d 504, 241 N.C. App. 32, 2015 N.C. App. LEXIS 417 (N.C. Ct. App. 2015).

Opinion

TYSON, Judge.

*33Marisha Nicole Wade ("respondent-mother") and Dammien Lamar Worth ("respondent-father") (collectively "respondents") appeal from an order terminating their parental rights as to their minor children D.L.W., D.L.N.W., and V.A.W. (collectively "the juveniles"). We reverse those portions of the order concerning respondent-mother and affirm those portions of the order concerning respondent-father.

I. Background

On 1 March 2013, the Alamance County Department of Social Services ("DSS") filed juvenile petitions seeking an adjudication of neglect and dependency concerning two-year-old D.L.W., three-year-old *34D.L.N.W., and five-year-old V.A.W. The petitions alleged DSS had received reports respondents were "residing with their three children in a van located in the woods that is heated by a kerosene heater," and respondents refused to disclose their location to DSS or otherwise cooperate with an investigation. The petitions also alleged "significant domestic violence between the parents that places the juveniles at risk" and that the juveniles were denied adequate nutrition and hygiene and subjected to inappropriate physical discipline by respondent-father.

DSS obtained nonsecure custody of the juveniles on 28 February 2013 and placed them in foster care. On 27 March 2013, V.A.W. was placed with her maternal grandmother ("Ms. W."), who already had custody of one of respondent-mother's two older daughters. The other older daughter, A.I.C., was in the custody of her great-grandmother (respondent-mother's grandmother). Once Ms. W. obtained housing sufficient to accommodate D.L.W. and D.L.N.W., the two boys joined V.A.W. and the older sibling in Ms. W.'s home on 23 May 2013.

At the adjudication hearing on 1 May 2013, based on stipulations entered into by the parties, the court made the following findings relevant to the court's determination that the juveniles were neglected:

e. At the time of the filing of the petition the Respondent Mother and Father were *506residing at times with their three children in a van located in the woods.
f. The Respondent Mother denies the van is heated with a kerosene heater but states the van is run during the night to keep warm, but also states the van is cool enough to store milk.
g. The Respondent Parents refused to disclose the location of the van so that the Alamance County Department of Social Services can assess safety and risk issues.
h. It is reported there was domestic violence between the parents that places the juveniles at risk. For example, [V.A.W.] has intervened when the parents are arguing.
....
j. At times, the family has difficulty providing for basic necessities such as housing, baths and so forth. Their skin is very pale and dry, needing lotion.
....
*35l. The Respondent Father is not employed.
m. The Respondent Mother is employed at AW-NC as a factory worker. She works from 6:00 a.m. until 2:30 p.m.-6:00 p.m. She has been employed for approximately ten months.
n. The Respondent Mother reports she made the van payment for the first time in several months a few weeks ago. She reports the van is not drivable because the finance company turned the car off [sic].
o. The Respondent Mother reports she did not have enough money to maintain a household since becoming a permanent employee on February 18, 2013.

Based on its findings of fact, the court adjudicated the juveniles as "neglected" as defined by N.C. Gen. § 7B-101(15) (2013).

The district court held a permanency planning hearing on 23 October 2013 and established a primary permanent plan of reunification with a secondary plan of custody with a court-approved caretaker by order entered 18 November 2013. The court found that respondents made no progress on their "Out of Home Services" case plans and were homeless, "living in motels." The court also found respondent-mother inconsistently contacted and called her social worker outside of business hours, maintained her full-time job, and completed her mental health assessment.

The court found neither parent had signed a voluntary support agreement with the Child Support Agency, but found respondent-mother was paying child support through income withholding. Although respondent-mother had full-time employment, she had not provided DSS with a "budgeting plan that can account for where the funds coming into the household go," as was ordered by the court.

Respondent-father remained unemployed, provided no child support for his children, and had not attended any visitation or participated in a domestic violence course. He had arranged "access to reliable transportation" but respondents had not negotiated a plan for shared use of the transportation with respondent-mother.

Following a review hearing on 18 December 2013, the district court found respondent-mother had not completed all of the objectives presented in her case plan. She failed to follow the recommendation of treatment for her "social phobia," as diagnosed in the mental health *36assessment, to obtain appropriate housing, and to provide a plan for shared transportation with respondent-father.

Respondent-father likewise was found to have failed to find appropriate housing, and verifiable employment. He had not participated in domestic violence courses and had attended only a few visits with the children. The court found the parents had made "no progress on any aspect of the case plan has been completed [sic]." The court changed the permanent plan for the juveniles from a primary plan of reunification and secondary plan of custody to a court-approved caretaker to a primary plan of adoption with a secondary plan of guardianship. DSS filed a motion to terminate respondents' parental rights on 11 March 2014.

After hearing evidence on 6-8 August 2014 and 3 September 2014, the district court found grounds to terminate respondents' parental rights for neglect and for failure to make reasonable progress since 28 February *5072013 in correcting the conditions that led to the juveniles' placement outside the home. N.C. Gen.Stat. § 7B-1111(a)(1)-(2) (2013).

The court found a third ground for termination of respondent-father's parental rights due to his failure to pay a reasonable portion of the juveniles' cost of care. N.C. Gen.Stat. § 7B-1111(a)(3) (2013). The court determined that terminating respondents' parental rights was in the best interests of the juveniles. Respondents gave timely notice of appeal from the termination order. We address each party's arguments in turn.

II. Respondent-Mother's Appeal

Respondent-mother challenges the district court's determination that grounds exist to terminate her parental rights pursuant to N.C. Gen.Stat. § 7B-1111(a)(1) and (2).

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Bluebook (online)
773 S.E.2d 504, 241 N.C. App. 32, 2015 N.C. App. LEXIS 417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dlw-ncctapp-2015.