In re J.R.F.

CourtSupreme Court of North Carolina
DecidedFebruary 11, 2022
Docket36A21
StatusPublished

This text of In re J.R.F. (In re J.R.F.) 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.R.F., (N.C. 2022).

Opinion

IN THE SUPREME COURT OF NORTH CAROLINA

2022-NCSC-5

No. 36A21

Filed 11 February 2022

IN THE MATTER OF: J.R.F.

Appeal pursuant to N.C.G.S. § 7B-1001(a1)(1) from an order entered on 16

November 2020 by Judge J. H. Corpening, II in District Court, New Hanover County.

This matter was calendared for argument in the Supreme Court on 22 December 2021

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

of the North Carolina Rules of Appellate Procedure.

Jane R. Thompson for petitioner-appellee New Hanover County Department of Social Services.

Sophie Goodman, for appellee Guardian ad Litem.

Christopher M. Watford for respondent-appellant father.

MORGAN, Justice.

¶1 Respondent-father appeals from a trial court’s order terminating his parental

rights to J.R.F. (Ronnie1), a minor child born in February 2014. Respondent-father

challenges the two grounds for termination found by the trial court, as well as the

trial court’s conclusion that termination of respondent-father’s parental rights was in

Ronnie’s best interests. We conclude that at least one of the grounds found by the

1 We use a pseudonym to protect the juvenile’s identity and for ease of reading. IN RE J.R.F.

Opinion of the Court

trial court for the termination of respondent-father’s parental rights was supported

by clear, cogent, and convincing evidence. We further conclude that the trial court did

not abuse its discretion in deciding that Ronnie’s best interests would be served by

the termination of respondent-father’s parental rights. Accordingly, we affirm the

order of the trial court entered on 16 November 2020 which terminated the parental

rights of respondent-father.

I. Factual Background and Procedural History

¶2 Petitioner New Hanover County Department of Social Services (DSS) began

working with Ronnie’s family in May 20182 by addressing his parents’ issues with

substance abuse, domestic violence, mental health, parenting, and housing stability.

These issues continued without improvement despite DSS’s involvement, prompting

DSS to file a juvenile petition on 12 October 2018 which alleged that Ronnie was a

neglected juvenile. The petition averred that respondent-father had violated multiple

safety plans and displayed a deficit of basic parenting skills. The petition also alleged

that respondent-father tested positive for cocaine and methamphetamines, continued

to engage in mutual domestic violence incidents with Ronnie’s mother, and suffered

from untreated bipolar disorder. At the time that the petition was filed, Ronnie was

living with his mother and half-siblings on a boat, which DSS described as “cluttered

2 Although the family lives in Brunswick County, New Hanover County DSS provided

services to them due to a conflict of interest on the part of Brunswick County DSS. IN RE J.R.F.

and unsafe for children.” Ronnie had not received his recommended vaccinations

since 2016, which prevented him from being placed in daycare or preschool. Instead,

he was left unattended in the boatyard garage, where he had “access to multiple

dangerous chemicals and tools” while his mother worked. The trial court awarded

nonsecure custody to DSS on the same day that the agency filed the neglect petition.

¶3 The petition came on for hearing on 28 November 2018 during which the

parents, represented by counsel, stipulated to the facts asserted by DSS in the

agency’s neglect petition. Based on these stipulations, the trial court adjudicated

Ronnie as a neglected juvenile by way of an order entered on 27 December 2018. In

the dispositional portion of its order, the trial court ordered respondent-father to: (1)

comply with the terms of his Family Services Agreement; (2) complete a

Comprehensive Clinical Assessment and comply with any recommendations; (3)

execute a release with his service providers on behalf of DSS and Ronnie’s guardian

ad litem; (4) submit to random drug screens; (5) complete a domestic violence

assessment and comply with any recommendations; (6) complete an anger

management program; and (7) maintain stable housing and verifiable income.

¶4 The first permanency planning hearing occurred on 11 September 2019. In its

resultant order from that hearing, the trial court made findings reflecting mixed

progress on the part of respondent-father. While respondent-father participated in

two Family Services Agreement meetings, participated in mental health and IN RE J.R.F.

parenting classes, and completed an intake assessment with the Domestic Violence

Offender Program, he also admitted that he had slapped Ronnie’s mother and poked

her with a broom, ingested Suboxone and methamphetamines, missed three drug

screens, and tested positive for buprenorphine and buprenorphine metabolite after

another drug screen, and that he was unemployed and living with friends. The trial

court set the primary permanent plan as reunification with a secondary plan of

guardianship, and directed respondent-father to begin or continue the tasks ordered

in its 27 December 2018 order.

¶5 The next permanency planning hearing occurred on 8 January 2020, after

which the trial court changed the primary plan to adoption with a secondary plan of

reunification in an order entered two weeks later. In that order, the trial court found

that respondent-father was not making adequate progress on his case plan within a

reasonable amount of time. Respondent-father had not verified his employment and

was only periodically attending therapy that was recommended pursuant to a

Comprehensive Clinical Assessment during which respondent-father displayed a lack

of candor. Although respondent-father had obtained negative results on several drug

screens since September of 2019, he had refused two drug screens in October and

November 2019 and had admitted on 22 November 2019 to using illicit substances.

Respondent-father had obtained independent housing, but the house was in need of

repairs and was unsafe for children. IN RE J.R.F.

¶6 On 4 February 2020, DSS filed a petition to terminate respondent-father’s

parental rights to Ronnie, asserting two grounds for termination: (1) respondent-

father had neglected Ronnie and there was a substantial likelihood of repetition of

neglect if Ronnie was returned to respondent-father’s custody pursuant to N.C.G.S. §

7B-1111(a)(1); and (2) respondent-father had willfully left Ronnie in a placement

outside the home for more than twelve months without making reasonable progress

to correct the conditions leading to the child’s removal pursuant to N.C.G.S. § 7B-

1111(a)(2).

¶7 The termination petition was heard over the course of five separate sessions

during September and October 2020 where the trial court received testimony from

social workers, treatment providers, character witnesses, and respondent-father

himself. On 16 November 2020, the trial court entered an order terminating the

parental rights of respondent-father. The trial court concluded that both grounds for

termination alleged by DSS existed and that termination of respondent-father’s

parental rights was in Ronnie’s best interests. Respondent-father appeals the trial

court’s order terminating his parental rights to this Court.3 N.C.G.S. § 7B-1001(a1)

(2019) (repealed by S.L. 2021-18, § 2 (eff. 1 July 2021)).

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