In re I.V.F.

809 S.E.2d 928
CourtCourt of Appeals of North Carolina
DecidedFebruary 20, 2018
DocketNo. COA17-739
StatusPublished

This text of 809 S.E.2d 928 (In re I.V.F.) 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.V.F., 809 S.E.2d 928 (N.C. Ct. App. 2018).

Opinion

DAVIS, Judge.

L.F. ("Respondent-mother"), the mother of the juveniles I.V.F. and J.L.F-S. ("Isabel" and "Joyce"),1 and L.S. ("Respondent-father"), the father of Joyce, appeal from the trial court's orders ceasing reunification efforts and terminating their parental rights.2 After a thorough review of the record and applicable law, we affirm both orders.

Factual and Procedural Background

Respondent-mother has a history with Child Protective Services ("CPS") due to mental health issues. On 22 August 2011, the Cumberland County Department of Social Services ("DSS") obtained non-secure custody of Isabel and filed a petition alleging that she was a neglected and dependent juvenile. The petition alleged that DSS received a CPS referral on 18 August 2011 after Respondent-mother was admitted to Cape Fear Valley Behavioral Health ("Behavioral Health") for symptoms of paranoia and was released the following day. Respondent-mother was admitted to Behavioral Health again on 20 August 2011. She was discharged and readmitted later that same day after law enforcement brought her to the hospital. The petition further alleged that Isabel's biological father was incarcerated in the state of Idaho.

The trial court entered an order adjudicating Isabel dependent based on stipulations of the parties on 18 November 2011. In its disposition order entered 8 January 2012, the trial court ordered Respondent-mother to obtain a psychological evaluation and a parenting assessment and to follow all recommendations. The trial court further ordered her to complete age-appropriate parenting classes, continue counseling, take her medications as prescribed, and comply with the recommendations of her Family Services Case Plan. Respondent-mother was permitted one hour of supervised visitation per week. The trial court later ordered her to complete a substance abuse assessment and obtain a neuropsychological evaluation.

By late 2013, Respondent-mother had completed parenting classes and a neuropsychological evaluation, was attending visitation and individual therapy, and had attended several sessions of therapy with Isabel. However, based on the recommendation of Isabel's therapist the trial court ceased her visitation with the child on 6 June 2013.

Respondent-mother gave birth to Joyce on 19 January 2014. DSS filed a juvenile petition on 24 February 2014 alleging that Joyce was dependent and that Respondent-father was her biological father. The petition further alleged that Respondent-mother was involuntarily committed to Behavioral Health on 22 February 2014 after law enforcement observed her exhibiting erratic behavior and incoherent speech. DSS took Joyce into non-secure custody.

On 5 May 2014, the trial court entered an order adjudicating Joyce as a dependent juvenile based on Respondent-mother's stipulations. The order also allowed Respondent-mother two hours of supervised visitation per week. Respondent-father was served with the juvenile petition but was not present for the hearing. In its disposition order entered 6 June 2014, the trial court ordered Respondent-mother to complete a Child and Family Evaluation, continue to attend individual therapy and medication management, and to follow all recommendations.

Respondent-father was determined to be Joyce's biological father in either September or November 2014 and was notified of the results in December 2014. He never contacted the social worker to enter into a case plan or to inquire about Joyce's well-being.

The juvenile cases were consolidated and the trial court held a permanency planning hearing on 13 March 2015 and 9 April 2015. In an order entered 12 May 2015, the trial court relieved DSS of reunification efforts with Respondents and changed the permanent plan to adoption with a concurrent plan of custody with court-approved caretakers. Respondents filed timely written notices of appeal from the order ceasing reunification efforts.

On 28 March 2016, DSS filed a petition to terminate Respondents' parental rights on the grounds of neglect, failure to make reasonable progress, failure to pay reasonable cost of care, and abandonment. As to Respondent-mother, DSS alleged the additional ground of dependency. See N.C. Gen. Stat. § 7B-1111(a)(1)-(3), (6)-(7) (2017). A hearing was held 28 November 2016, and on 3 April 2017 the trial court entered an order terminating Respondent-mother's parental rights on the grounds of neglect, failure to make reasonable progress, and dependency. The court also terminated Respondent-father's parental rights on the grounds of neglect, failure to make reasonable progress, failure to pay reasonable cost of care, and abandonment. Respondents timely appeal from the 12 May 2015 order ceasing reunification efforts and the 3 April 2017 order terminating their parental rights.

Analysis

The attorneys for both Respondent-mother and Respondent-father have filed "no-merit" briefs stating that after a conscientious and thorough review of the record on appeal they are unable to find any issue of merit on which to base an argument for relief. Pursuant to North Carolina Rule of Appellate Procedure 3.1(d), they request that this Court conduct an independent examination of the case. See N.C. R. App. P. 3.1(d). In accordance with Rule 3.1(d), each attorney wrote a letter to their respective client on 8 September 2017 advising them of the attorney's inability to find error and of the parent's right to file their own written arguments directly with this Court. Respondents have not filed their own written arguments and a reasonable time period for doing so has passed.

In addition to seeking review pursuant to Rule 3.1(d), the attorneys direct our attention to three potential issues: (1) whether the trial court erred in ceasing reunification efforts and changing the permanent plan to adoption; (2) whether the trial court erred in concluding that grounds exist to terminate Respondents' parental rights; and (3) whether the trial court abused its discretion in determining that it would be in the best interests of the children to terminate Respondents' parental rights. The attorneys acknowledge, however, that the trial court's findings of fact support at least one ground for termination and the trial court did not abuse its discretion in determining that termination was in the best interests of the children. See N.C. Gen. Stat. §§ 7B-1110, -1111 (2017).

After conducting a thorough review of the record, we are unable to identify any basis for determining that the trial court committed reversible error. First, the trial court made appropriate findings of fact supported by competent evidence in its 12 May 2015 permanency planning order. In turn, these findings supported the court's conclusion that reunification efforts should cease. See N.C. Gen. Stat. § 7B-507(b)(1) (2013).3

Regarding Respondent-mother, the trial court found that she had made minimal progress in remedying the conditions that brought the juveniles into care and failed to take appropriate action to reunite with the juveniles. Specifically, the court found that Respondent-mother displayed a consistent pattern of behavior in which she did "reasonably well for brief periods of time followed by mental or behavioral breakdowns" and was incapable of caring for herself or the juveniles during these episodes.

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Related

In Re Humphrey
577 S.E.2d 421 (Court of Appeals of North Carolina, 2003)

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Bluebook (online)
809 S.E.2d 928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ivf-ncctapp-2018.