In re: I.P. & Q.P.

820 S.E.2d 586, 261 N.C. App. 638
CourtCourt of Appeals of North Carolina
DecidedOctober 2, 2018
DocketCOA18-366
StatusPublished
Cited by2 cases

This text of 820 S.E.2d 586 (In re: I.P. & Q.P.) 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: I.P. & Q.P., 820 S.E.2d 586, 261 N.C. App. 638 (N.C. Ct. App. 2018).

Opinions

HUNTER, JR., Robert N., Judge.

*639Respondent-Father appeals from orders terminating his parental rights to his minor children, I.P. ("Ian") and Q.P., Jr. ("Quentin").1 Respondent-Father's counsel filed a *587no-merit brief, pursuant to North Carolina Rule of Appellate Procedure 3.1(d). Respondent-Father failed to properly bring forth any pro se argument. We dismiss.

I. Factual and Procedural Background

On 25 June 2014, the Pitt County Department of Social Services ("DSS") obtained non-secure custody of Ian and Quentin and filed petitions alleging them to be neglected and dependent juveniles. The petition alleged the following narrative. On 11 February 2014, DSS received a child protective services ("CPS") report alleging Ian, then four months old, tested positive for cocaine and marijuana. The juvenile's mother ("mother") tested positive for cocaine and admitted to using marijuana.2 Mother refused drug treatment. On 16 June 2014, mother had no food in her home. Although mother received $750 in food stamps per month, she sold her food stamps. Mother used "marijuana and cocaine with [Ian] in her arms and strapped to her chest[.]" Quentin ran around mother's home, holding a butcher knife. Mother "pulled a knife" on another and refused to submit to a drug screen. Mother offered Ian and Quentin's grandmother as a placement option, but CPS reported the grandmother also "ha[d] her own drug abuse issues[.]" DSS further alleged the following: (1) Ian and Quentin did not receive proper care, supervision or discipline; (2) they lived in an environment injurious to their welfare; and (3) mother was unable to provide for their care and supervision.

*640At the time DSS filed the petitions, Respondent-Father's whereabouts were unknown.3

On 7 August 2014, the trial court held an adjudication hearing, which Respondent-Father attended. On 29 August 2014, the court entered an adjudication order. The court concluded Ian and Quentin were neglected and dependent juveniles.4 Following a disposition hearing on 4 September 2014, the court entered an order on 8 October 2014. The court kept custody of Ian and Quentin with DSS and granted Respondent-Father visitation with the juveniles. The trial court further ordered Respondent-Father to do the following: (1) comply with the terms of his probation and not acquire new criminal charges; (2) complete parenting classes; (3) obtain and maintain stable employment; and (4) obtain and maintain stable housing.

On 29 January 2015, the trial court held a permanency planning review hearing. In an order entered 5 March 2015, the court found:

19. The Department has only had contact with the Respondent Father once since the initiation of this case. The Respondent Father is currently incarcerated. His release date is unknown.
20. Reunification efforts would not result in placement in the home within a reasonable period of time [and] would be futile and inconsistent with safety and the need for a safe permanent home for the following reasons: the Respondent Father has not been involved in the Juvenile[s'] case and has failed to show a lack [of] dedication to the Juveniles. He is currently incarcerated and his release date is unknown.

Consequently, the trial court ceased reunification efforts with Respondent-Father. The court allowed Respondent-Father's counsel to withdraw from representation, because Respondent-Father failed to stay in contact with counsel. The court set the permanent plan for Ian and Quentin as reunification with mother, with a concurrent plan of adoption.

*641The court held another review hearing on 28 January 2016.5 In an order entered 12 February 2016, the court found mother relapsed and used marijuana and cocaine. The court ceased reunification efforts with mother. The court changed the primary permanent plan to adoption, and the secondary plan to guardianship. The court held another *588review hearing on 10 November 2016. At the hearing, the trial court found paternity testing ruled Respondent-Father out as Ian's biological father.

On 5 December 2016, DSS filed a petition to terminate mother's parental rights to Ian. The same day, DSS filed a petition to terminate mother's and Respondent-Father's parental rights to Quentin.6 DSS alleged the following grounds for termination existed as to Quentin: (1) neglect; (2) failure to correct the conditions which led to Quentin's removal from his care; (3) failure to pay for Quentin's cost of care while Quentin was in DSS custody; (4) dependency; and (5) willful abandonment. See N.C. Gen. Stat. § 7B-1111(a)(1)-(3), (6)-(7) (2017).

The trial court held a hearing on the petitions on 28 September 2017 and 7 December 2017.7 DSS called Kelli Clay, a social worker. Due to Respondent-Father's probation conditions, DSS set up a "strict visitation plan" for him. Respondent-Father did not comply with the visitation plan. Out of twenty-five opportunities for visitation, Respondent-Father attended thirteen. Respondent-Father last visited with the juveniles on 11 July 2016. Respondent-Father owed $1,270.18 in arrears for child support for Quentin. Respondent-Father did give the juveniles a few gifts, "but nothing substantial[.]"

Although the court ordered Respondent-Father to not obtain any new criminal charges, authorities in North Carolina charged him for crimes "that involved communicating threats[.]" Additionally, Respondent-Father did not complete parenting classes. Although Respondent-Father told DSS he obtained employment and stable housing, he failed to provide any verification.

DSS moved to amend the petition to terminate parental rights to Ian to include allegations against Respondent-Father. DSS contended it learned Respondent-Father had been found to be the father of Ian in a *642prior child-support hearing and that court ordered Respondent-Father to pay child support for Ian. Thus, Respondent-Father is Ian's legal father. With the consent of Respondent-Father's counsel, who joined in the motion, the court allowed the requested amendments so the allegations against Respondent-Father as to Ian were identical to those in the petition to terminate Respondent-Father's parental rights to Quentin.

Respondent-Father testified on his own behalf and largely narrated his testimony. From 2013 until the hearing, Respondent-Father was intermittently incarcerated. In February 2016, Respondent-Father returned to North Carolina. He began working at Cracker Barrel and moved into an apartment in Greenville. Respondent-Father "look[ed] for parenting classes to take, but ... was unfortunate enough to not find any classes." Respondent-Father alleged DSS fought against him getting custody of Ian and Quentin.

On 17 January 2018, the trial court entered orders terminating Respondent-Father's parental rights to Ian and Quentin.

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In re L.E.M.
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Cite This Page — Counsel Stack

Bluebook (online)
820 S.E.2d 586, 261 N.C. App. 638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ip-qp-ncctapp-2018.