In re K.R.T.

808 S.E.2d 178
CourtCourt of Appeals of North Carolina
DecidedDecember 5, 2017
DocketNo. COA17-587
StatusPublished

This text of 808 S.E.2d 178 (In re K.R.T.) 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 K.R.T., 808 S.E.2d 178 (N.C. Ct. App. 2017).

Opinion

ARROWOOD, Judge.

Respondent ("Father") appeals from the trial court's amended orders terminating his parental rights as to the juveniles "Kevin" and "Hayes"1 ("the children"). Because we conclude the trial court did not err in adjudicating grounds to terminate Father's parental rights for willfully abandoning the children under N.C. Gen. Stat. § 7B-1111(a)(7) (2015), and gave due consideration to the dispositional factors in N.C. Gen. Stat. § 7B-1110(a) (2015), we affirm.

I. Background

Kevin and Hayes were born in 2007 and 2010, respectively, and have lived exclusively with their mother ("Mother") since June 2013. On 25 July 2016, Mother filed petitions seeking the termination of Father's parental rights on grounds of willful abandonment pursuant to N.C. Gen. Stat. § 7B-1111(a)(7). Inter alia, her petitions alleged the following: the children were born of the parties' marriage which ended in divorce in 2014; Father's last contact with the children occurred in late 2013; Father had provided no financial support to Mother or the children since June 2013; Father was presently incarcerated for crimes committed against Mother in April 2015, including second-degree kidnapping and assault on a female; and Father's "earliest release date" for these offenses was 9 July 2017. Father did not file an answer to Mother's petitions. See N.C. Gen. Stat. § 7B-1107 (2015).

At a hearing on 3 March 2017, Mother adduced evidence that Kevin and Hayes were placed in her care in June 2013 "after acts of domestic violence which occurred in the home where [she and Father] were previously living[.]" Watauga County Department of Social Services ("DSS") became involved with the family and developed a case plan for Father. In October 2013, a consent order signed by the parties was entered in civil court. The consent order provided that Father would have no contact with the children until he completed his DSS case plan. Inter alia, Father was required to "continue with his DSS appointed therapist" and "comply with the terms and conditions recommended by DSS[.]" DSS closed its case once the children were placed with Mother pursuant to the consent order. Mother continued to reside in Watauga County as a participant in the State's address confidentiality program. See N.C. Gen. Stat. § 15C-3 (2015).

Mother testified that Kevin and Hayes have lived exclusively with her since June 2013 and that she has "provided for all their support and care financially [ ]" since that date. Furthermore, Father had made no inquiries about the children, sent no "cards or gifts or anything of that nature" to them, and did not attempt to contact them or provide any financial support in the six months that preceded her filing of the petitions. Nor had any member of Father's family attempted to contact or provide for the children. Father had never returned to court seeking to change the parties' custody arrangement or to "acquire custody [or] visitation" with the children.

Father testified that he was detained in Watauga County Jail from April 2015 to April 2016 and had no ability to earn money during that period. When he was released from jail, he believed he was forbidden to contact Mother or the children by virtue of a "no-contact order."2 Since June 2016, Father had been incarcerated in state prison where he earned $1.25 per day as a cook.

Father acknowledged signing a consent order that was filed on 15 October 2013 and contained the following provision:

[Father] shall continue his course of treatment with Ray Powers and shall follow the recommendations of the DSS case plan that are currently in place and that may hereafter be amended from time to time. Contact between [Father] and the minor children shall continue to be subject to the terms and conditions recommended by DSS.

Father explained that he ceased his treatment due to Mr. Powers "lack of professionalism and his bullying tactics[.]" He could not recall any of Mr. Powers' recommendations. Father claimed to have obtained a "separate analysis" from another therapist but could not remember his name or his recommendations.

Asked directly about his efforts to comply with the requirements of the 2013 consent order or to provide for Kevin and Hayes, Father testified as follows:

Q. ... You've not done anything under the terms of that order to comply with DSS's recommendations in order for you to find a way back to visitations with your children?
A. No, I didn't.
Q. And during that time, did you provide ... for your children financially?
A. No, I did not.

A DSS supervisor confirmed the agency had received no information that Father had satisfied any of the requirements of his case plan during the six-month period from January 2016 to July 2016.

The trial court entered orders terminating Father's parental rights on 13 March 2017 and filed amended orders the following day. The court concluded that Father had willfully abandoned Kevin and Hayes under N.C. Gen. Stat. § 7B-1111(a)(7) and that termination of his rights was in the children's best interests. Father filed timely notice of appeal. Although the original and amended orders are included in the record on appeal, we construe the amended orders as replacing the originals for purposes of our review.

II. Discussion

On appeal, Father asserts challenges to both the adjudication and disposition portions of the trial court's orders.

A. Adjudication

Father claims the evidence and the trial court's findings of fact do not support its conclusion that grounds exist to terminate his parental rights for willfully abandoning Kevin and Hayes under N.C. Gen. Stat. § 7B-1111(a)(7). We review an adjudication under N.C. Gen. Stat. § 7B-1111(a) to determine (1) whether the trial court's findings of fact are supported by clear, cogent, and convincing evidence, and (2) whether the findings support the court's conclusions of law. In re Shepard, 162 N.C. App. 215, 221, 591 S.E.2d 1, 6, disc. review denied sub nom., In re D.S., 358 N.C. 543, 599 S.E.2d 42 (2004). Findings not specifically contested by Father are treated as binding on appeal. In re H.S.F., 182 N.C. App. 739, 742, 645 S.E.2d 383, 384 (2007). Furthermore, "erroneous findings unnecessary to the determination do not constitute reversible error" where the trial court's remaining findings independently support its conclusions of law. In re T.M., 180 N.C. App.

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Bluebook (online)
808 S.E.2d 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-krt-ncctapp-2017.