In re J.E.H., J.I.H., K.T.B., Q.D.B., I.T.B.

CourtSupreme Court of North Carolina
DecidedAugust 27, 2021
Docket449A20
StatusPublished

This text of In re J.E.H., J.I.H., K.T.B., Q.D.B., I.T.B. (In re J.E.H., J.I.H., K.T.B., Q.D.B., I.T.B.) is published on Counsel Stack Legal Research, covering Supreme Court 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 J.E.H., J.I.H., K.T.B., Q.D.B., I.T.B., (N.C. 2021).

Opinion

IN THE SUPREME COURT OF NORTH CAROLINA

2021-NCSC-96

No. 449A20

Filed 27 August 2021

IN THE MATTER OF: J.E.H., J.I.H., K.T.B., Q.D.B., I.T.B.

Appeal pursuant to N.C.G.S. § 7B-1001(a1)(1) from an order entered on 6

August 2020 by Judge William F. Helms III in District Court, Union County. This

matter was calendared for argument in the Supreme Court on 21 June 2021 but

determined on the record and briefs without oral argument pursuant to Rule 30(f) of

the North Carolina Rules of Appellate Procedure.

Perry, Bundy, Plyler & Long, LLP, by Ashley J. McBride, for petitioner- appellee Union County Division of Social Services.

No brief for appellee Guardian ad Litem.

Richard Croutharmel for respondent-appellant mother.

EARLS, Justice.

¶1 Respondent-mother appeals from the trial court’s order terminating her

parental rights to J.E.H. (Jerry), J.I.H. (Jimmy), K.T.B. (Kenny), Q.D.B. (Quentin),

and I.T.B. (Iris).1 Counsel for respondent-mother has filed a no-merit brief under Rule

3.1(e) of the North Carolina Rules of Appellate Procedure. We conclude the issues

1 Pseudonyms used in this opinion to protect the juveniles’ identities and for ease of

reading. IN RE J.E.H., J.I.H., K.T.B., Q.D.B., I.T.B.

Opinion of the Court

identified by counsel as arguably supporting the appeal are meritless and therefore

affirm the trial court’s order.

¶2 On 19 June 2018, the Union County Division of Social Services (DSS) filed

juvenile petitions alleging that Jerry and Jimmy, who are twins, were neglected and

dependent juveniles. The petitions alleged that on 17 June 2018, respondent-mother

took Jimmy to the emergency department and he was admitted to the hospital, where

he was diagnosed with failure to thrive. The petition noted that hospital employees

were concerned about respondent-mother’s ability to care for the twins. The petition

further noted earlier reports to DSS that respondent-mother received no prenatal

care while pregnant with the twins, who were born prematurely; she was diagnosed

with postpartum depression soon after their birth; and she did not have adequate

supplies such as diapers, formula, and clothing for the twins. The petition alleged

DSS supplied the children with formula and diapers, but respondent-mother

continued to fail to provide those items. Later juvenile petitions concerning the other

children noted that a social worker reportedly observed the children being fed

Carnation evaporated milk instead of formula.

¶3 On 18 June 2018, a Child and Family Team Meeting was held, and respondent-

mother indicated she was unable to care for the children.2 She consented to the

2 The narratives attached to the juvenile petitions for Jerry and Jimmy refer to the

neglect and dependent status of three other children of respondent-mother, none of whom are the subject of this appeal. IN RE J.E.H., J.I.H., K.T.B., Q.D.B., I.T.B.

children’s placement with family or in foster care. DSS obtained nonsecure custody

of Jerry and Jimmy on 19 June 2018. Following Jimmy’s discharge from the hospital,

he and Jerry were placed in a licensed foster home.

¶4 On 11 July 2018, respondent-mother entered into a case plan to facilitate

reunification with Jerry and Jimmy, which identified her needs in the areas of

employment, housing and basic needs, emotional and mental health, and parenting

and life skills. On 30 July 2018, respondent-mother entered into an In-Home Service

Agreement to address her needs as they related to her other children, Kenny,

Quentin, and Iris, who resided with their father.

¶5 Following a hearing on 22 August 2018, the trial court entered an order on 20

September 2018 that adjudicated Jerry and Jimmy as neglected and dependent

juveniles. Respondent-mother was allowed one hour of supervised visitation weekly.

She was ordered to (1) sign releases to allow her service providers to share

information with DSS and the guardian ad litem, (2) maintain monthly contact with

DSS, (3) submit to random drug screens, (4) complete a global mental health

assessment and comply with all recommendations, (5) complete parenting classes, (6)

secure safe and stable housing, and (7) maintain legal income.

¶6 On 18 October 2018, DSS filed juvenile petitions alleging the neglect and

dependency of Kenny, Quentin, and Iris. The petitions alleged respondent-mother

had failed to address the needs identified in her In-Home Service Agreement, as the IN RE J.E.H., J.I.H., K.T.B., Q.D.B., I.T.B.

children were not being provided necessary school uniforms and supplies;

respondent-mother lost her job and was still without housing; respondent-mother was

not scheduling medical and dental appointments for the children; respondent-mother

failed to attend her scheduled mental health sessions and parenting classes; and

respondent-mother was left unsupervised with Kenny and Quentin in violation of the

safety plan.

¶7 Following a hearing on 14 November 2018, the trial court entered an order on

18 December 2018 that adjudicated Kenny, Quentin, and Iris as neglected and

dependent juveniles. The court ordered that the children remain with their father in

the home of their paternal grandmother. Respondent-mother was allowed visitation

supervised by the children’s father or their paternal grandmother. She was required

to comply with her case plan and attend parenting classes; attend medication

appointments; transport Iris to school on time; and address the children’s well-being,

needs, and recommended services.

¶8 Before the adjudication order was entered, on 5 December 2018, DSS filed

additional juvenile petitions, again alleging that Kenny, Quentin, and Iris were

neglected and dependent juveniles. The petitions alleged that during a home visit on

25 October 2018, a social worker observed a gun lying on the couch in the living room

where Kenny was playing. It was undetermined whether the gun was loaded, though

the owner of the gun asserted it was not. The petitions also noted a report to DSS on IN RE J.E.H., J.I.H., K.T.B., Q.D.B., I.T.B.

3 December 2018 that indicated the children were often seen outside running across

the road with no parental supervision, respondent-mother was seen outside yelling

at and physically disciplining Iris, respondent-mother was at risk of being evicted

from her apartment due to complaints to management, and it was believed

respondent-mother was with the children unsupervised at the apartment. The

petitions also alleged respondent-mother remained noncompliant with her case plan

requirements, noting her failure to complete mental health treatment and parenting

classes and to schedule medical visits for the children. Further, when a social worker

arrived at the home to transport the family to a Child and Family Team Meeting, she

was refused entry to the home, the family did not attend the meeting, and neither

respondent-mother nor the children’s father contacted the social worker regarding

the missed meeting. DSS sought and obtained nonsecure custody of the children on 5

December 2018.

¶9 Following a hearing on 9 January 2019, the trial court entered an order on 21

February 2019, again adjudicating Kenny, Quentin, and Iris as neglected and

dependent juveniles. The court ordered custody of the children to remain with DSS.

Respondent-mother was allowed a minimum of one hour of supervised visitation a

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Related

In re L.E.M.
831 S.E.2d 341 (Supreme Court of North Carolina, 2019)

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Bluebook (online)
In re J.E.H., J.I.H., K.T.B., Q.D.B., I.T.B., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jeh-jih-ktb-qdb-itb-nc-2021.