In re K.N.

CourtSupreme Court of North Carolina
DecidedAugust 27, 2021
Docket459A20
StatusPublished

This text of In re K.N. (In re K.N.) 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 K.N., (N.C. 2021).

Opinion

IN THE SUPREME COURT OF NORTH CAROLINA

2021-NCSC-98

No. 459A20

Filed 27 August 2021

IN THE MATTER OF: K.N. & K.N.

Appeal pursuant to N.C.G.S. § 7B-1001(a1)(1) from an order entered on 29 July

2020 by Judge William J. Moore in District Court, Robeson County. This matter was

calendared 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.

J. Edward Yeager, Jr., for petitioner-appellee Robeson County Department of Social Services.

Michelle FormyDuval Lynch for appellee Guardian ad Litem.

Benjamin J. Kull for respondent-appellant father.

NEWBY, Chief Justice.

¶1 Respondent-father appeals from an order terminating his parental rights to

K.N. and K.N. (Kevin and Kimberly)1. For the reasons set forth herein, we affirm the

order terminating his parental rights.

¶2 Kevin was born in February 2012 and Kimberly was born in August 2015. The

Robeson County Department of Social Services (DSS) first became involved with the

1 Pseudonyms are used to protect the identity of the juveniles and for ease of reading. IN RE K.N. & K.N.

Opinion of the Court

family in 2015 after it received information that Kevin, Kimberly, respondent, and

the children’s mother were homeless and living in their car. The family thereafter

obtained housing.

¶3 On 31 May 2017, DSS again received a neglect referral alleging that the family

was homeless and that respondent was inappropriately disciplining the children. On

21 June 2017, DSS learned that the family had been kicked out of the homeless

shelter where they were staying and went to stay with relatives in a home that had

no running water. On 21 June 2017, a child and family team meeting was held with

the family to discuss placement options, but the parents were unable to provide

relatives or family friends to assist in serving as a safety resource for the family.

¶4 Thereafter, on 22 June 2017, DSS obtained nonsecure custody of Kevin and

Kimberly2 and filed juvenile petitions alleging them to be neglected juveniles. On 12

July 2017, the nonsecure custody order was dismissed, and the children were placed

back into the home of respondent and mother.

¶5 On 6 September 2017, however, DSS again obtained nonsecure custody of the

children and filed amended juvenile petitions based upon unstable, inadequate, and

unsuitable housing for the children and their observing respondent engaging in

violence. Thereafter, on 12 October 2017, respondent and mother entered into family

2 DSS also obtained nonsecure custody of Kevin and Kimberly’s younger sibling and

filed a juvenile petition alleging that he was a neglected juvenile. That child, however, is not a subject of this appeal. IN RE K.N. & K.N.

services case plans. Specifically, respondent’s plan intended to address issues of

mental health, parenting, substance abuse, housing, and employment. Subsequently,

respondent and mother obtained housing for four months because the Southeastern

Family Violence Center paid the rent during that time. After the Center stopped

paying rent, however, respondent and mother were evicted in the spring of 2018

because they could not pay.

¶6 On 26 February 2018, the trial court entered an order adjudicating Kevin and

Kimberly to be neglected juveniles. In a separate disposition order, the trial court

ordered respondent to submit to a psychological evaluation, mental health

assessment, and substance abuse assessment. Custody of the children remained with

DSS. The permanent plan was set as reunification with mother, with a concurrent

plan of adoption. The parents received bi-weekly visitation with the children.

¶7 In March of 2018, the trial court found that respondent alleged that he had

obtained work but could not provide proof of income. Respondent stated that though

he was employed, he had not been working much. Respondent completed a substance

abuse assessment but only sporadically engaged in the required services and missed

multiple visitations. At the hearing, the trial court told respondent and mother that

if they did not become compliant on their case plans, the court would look at focusing

efforts on a primary plan of adoption.

¶8 On 12 April 2018, respondent and mother informed DSS that they were IN RE K.N. & K.N.

thinking about moving to Michigan. Thereafter, DSS made several attempts to locate

respondent before he eventually contacted DSS in mid-May. Respondent informed

DSS that he and mother were living in Michigan, searching for employment and

housing, and planning to begin classes at Community Mental Health. In July of 2018,

DSS learned that respondent and mother were receiving substance abuse counseling.

¶9 On 31 July 2018, however, respondent pled guilty and thereafter was convicted

of domestic violence and assault in Michigan based upon domestic violence between

respondent and mother. In August of 2018, DSS received an email from St. Clair

County DSS in Michigan reporting that mother was residing at a women’s shelter

and respondent was in the St. Clair County Jail.

¶ 10 On 5 September 2018, the trial court held a hearing and subsequently entered

an order finding that respondent had moved to Michigan and had not made himself

available to work on any plan to remove his children from foster care. The trial court

ordered DSS to “primarily focus its efforts” on the plan of adoption and established a

concurrent plan of reunification with respondent and mother.

¶ 11 On 11 September 2018, DSS received a call from mother, who reported that

she was four months pregnant and that she had been to the clinic at the women’s

shelter, though she had not seen an OB/GYN. Respondent was released from jail on

18 September 2018.

¶ 12 Based on all of the incidents above, on 24 October 2018, DSS filed a petition to IN RE K.N. & K.N.

terminate respondent’s parental rights in Kevin and Kimberly.3 DSS alleged that

respondent had neglected the children, see N.C.G.S. § 7B-1111(a)(1) (2019), willfully

left the children in DSS custody for over twelve months without making reasonable

progress to correct the conditions that led to their removal, see N.C.G.S.

§ 7B-1111(a)(2), and willfully failed to pay a reasonable portion of the cost of care for

Kevin and Kimberly although physically and financially able to do so, see N.C.G.S.

§ 7B-1111(a)(3).

¶ 13 Several months after the petition was filed, respondent contacted DSS and

stated that he was working, had completed parenting classes and substance abuse

treatment, and was looking for housing. Respondent and mother came to North

Carolina for a court hearing on 7 March 2019 and provided certificates verifying

completion of services. They had one visit with the children that day. On 20 March

2019, however, DSS learned that Michigan DSS had filed a non-secure order and

taken custody of respondent and mother’s newborn due to neglect.

¶ 14 In July of 2019, respondent contacted DSS and alleged that he had completed

inpatient therapy. On 8 October 2019, however, a social worker from Michigan DSS

reported that respondent had not completed parenting classes and had missed four

drug screens. During the spring of 2020, DSS learned that Michigan DSS had

received permission to file for termination of parental rights for respondent and

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