In Re Lh

648 S.E.2d 577
CourtCourt of Appeals of North Carolina
DecidedAugust 21, 2007
DocketCOA07-496
StatusPublished

This text of 648 S.E.2d 577 (In Re Lh) 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 Lh, 648 S.E.2d 577 (N.C. Ct. App. 2007).

Opinion

IN RE: L.H., L.H.

No. COA07-496

Court of Appeals of North Carolina.

Filed August 21, 2007
This case not for publication

Peter Wood, for respondent-appellant.

Albert J. Singer, for petitioner-appellee.

Kennedy Covington Lobdell & Hickman, L.L.P., by Ceclia E. Rutherford, for appellee Guardian ad Litem.

ELMORE, Judge.

Respondent-mother I.B. appeals from the district court's order terminating her parental rights to her twin minor children, La.H. and Le.H. The order also terminated the parental rights of the children's father, L.H., Jr., who is not a party to this appeal.

La.H. and Le.H. were born prematurely in October, 2005. On 20 February 2006, the Wake County Human Services (WCHS) obtained non-secure custody of the children and placed them together in a foster home after filing petitions alleging that they were neglected and dependent juveniles. In the petitions, WCHS claimed that it had been unable to locate the children for several weeks, and that the children were in need of medical care due to their premature births and low birth weights. The petitions claimed that both parents had unresolved substance abuse problems and were living "from pillar to post" in various homes in Wake and Granville Counties. WCHS further alleged that respondent-father had asked WCHS for assistance in caring for the children, and that respondent-mother's whereabouts were unknown.

The children were examined at Duke Children's Primary Care on 22 February 2006. Both children were underweight and suffering from severe diaper rash. La.H. was found to have an umbilical hernia which required monitoring. Le.H. was treated with antibiotics for a "serious infection . . . mostly likely due to poor hygiene."

The court appointed counsel to represent respondent-mother at the seven-day hearing held 22 February 2006, and entered an order continuing the children in the non-secure custody of WCHS on 6 March 2006.

Following a hearing held 22 March 2006, the district court adjudicated the minor children to be neglected and dependent, in the WCHS petition. The court found that the twins were premature, low birth-weight infants and had been denied necessary medical care by their parents. The court found that respondent-mother's whereabouts had been determined after she was arrested and jailed for shoplifting in Wake County. Although respondent-mother had been released from jail on 10 March 2006, the WCHS social worker had been unable to contact her or respondent-father "despite her diligent efforts to do so." The court found that respondent-mother lacked a stable residence and had a history of incarcerations and chronic cocaine, heroin, and marijuana abuse. The court further found that respondent-mother had seven other children, none of whom lived with her, and that her parental rights to at least three of the children had been terminated. Noting that La.H. and Le.H. were in need of additional medical care due to their premature births, the court ceased reunification efforts with respondent-mother, finding that such efforts would be "futile and inconsistent with [the children's] health, safety and need for a safe, permanent home." It ordered respondent-mother to contact the WCHS social worker, enter into a case plan, and comply with its conditions if she wished to pursue reunification with her infant twins. The court established a placement plan of reunification with the father, with a concurrent plan of adoption.

The district court held a permanency planning hearing on 19 April 2006. Respondent-mother was served with notice of the hearing but did not attend. In an order entered 1 May 2006, the court adopted a permanent placement plan of reunification with the father, and a concurrent plan of adoption. The court found that respondent-mother met with WCHS, submitted a negative drug screen, and developed a case plan on 4 April 2006. Although she had scheduled an appointment for substance abuse treatment, she had not contacted her social worker since 6 April 2006. To the extent she desired reunification with the children, respondent-mother was ordered to do the following: (1) obtain a psychological evaluation and follow its recommendations; (2) initiate and maintain regular contact with WCHS; (3) successfully complete substance abuse treatment, submit to random drug screens, and abstain from drug use; (4) obtain stable employment and safe, stable housing suitable for the children; (5) pay child support; and (6) attend biweekly supervised visitations.

In a review order entered 29 May 2006, the court found that respondent-mother had attended her second visitation with the children on 19 April 2006. The court noted that respondent-mother had spent three weeks in jail after violating her probation.

On 10 August 2006, the court ceased reunification efforts with respondent-father and changed the children's permanent placement plan to adoption. The order included findings that neither parent had visited the children since 19 April 2006, and that respondent-mother had "been incarcerated since the last hearing, and [was] in Wake County Jail on new charges of larceny and simple assault."

WCHS filed a motion to terminate respondents' parental rights on 31 October 2006. As grounds for termination of respondent-mother's rights, the motion asserted: (1) each parent had neglected the children, and there was a probability of future neglect if the children were returned to their care; (2) the children were dependent because each parent lacked the capacity to provide proper care and was likely to remain incapable of providing proper care for the foreseeable future; and (3) respondent-mother's parental rights to other children had been terminated involuntarily and she was unable or unwilling to establish a safe home for La.H. and Le.H. The court held a hearing on WCHS's motion on 23 January 2007. WCHS social worker LeAnn Watson recounted the circumstances that led to the twins' adjudication as neglected and dependent juveniles, as well as the parents' subsequent non-compliance with their respective case plans. Respondent-mother testified and called as a witness Morocco Abdul-Haqq, who had been working with her since 27 December 2006 through a community support organization called United Youth Care. Based on the evidence at adjudication, the court found grounds to terminate respondent-mother's parental rights under N.C. Gen. Stat. § 7B-1111(a)(1) and (9). At disposition, the court reviewed the Guardian ad Litem's report and received additional testimony from the WCHS social worker and respondent-mother. Upon further findings consistent with the Guardian ad Litem's report, the court concluded that termination of respondents' parental rights served the best interests of the children by facilitating their adoption. Respondent-mother filed timely notice of appeal from the termination order.

In her first argument on appeal, respondent-mother challenges six of the court's findings of fact and its conclusions of law that grounds for termination existed under N.C. Gen. Stat. § 7B-1111(a)(1) and (9). She contends that evidence did not show a likelihood that she would neglect the children in the future, as required to support termination under N.C. Gen. Stat. § 7B-1111(a)(1), or that she was currently unable or unwilling to establish a safe home for the children, as required to support termination under N.C. Gen. Stat. § 7B-1111(a)(9). A proceeding for termination of parental rights is conducted in two stages. At the adjudicatory stage, the petitioner has the burden of proving grounds for termination under N.C. Gen. Stat. § 7B-1111(a) by "clear, cogent, and convincing evidence." N.C. Gen. Stat. § 7B-1109(f) (2005).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wade v. Wade
325 S.E.2d 260 (Court of Appeals of North Carolina, 1985)
In Re Reyes
526 S.E.2d 499 (Court of Appeals of North Carolina, 2000)
In Re Young
485 S.E.2d 612 (Supreme Court of North Carolina, 1997)
Matter of Safriet
436 S.E.2d 898 (Court of Appeals of North Carolina, 1993)
Taylor v. Taylor
387 S.E.2d 230 (Court of Appeals of North Carolina, 1990)
Matter of Helms
491 S.E.2d 672 (Court of Appeals of North Carolina, 1997)
In Re Howell
589 S.E.2d 157 (Court of Appeals of North Carolina, 2003)
Koufman v. Koufman
408 S.E.2d 729 (Supreme Court of North Carolina, 1991)
State v. Sutton
605 S.E.2d 483 (Court of Appeals of North Carolina, 2004)
In Re McLean
521 S.E.2d 121 (Court of Appeals of North Carolina, 1999)
Matter of Montgomery
316 S.E.2d 246 (Supreme Court of North Carolina, 1984)
In Re Huff
536 S.E.2d 838 (Court of Appeals of North Carolina, 2000)
Clark v. Williamson
373 S.E.2d 317 (Court of Appeals of North Carolina, 1988)
Matter of Ballard
319 S.E.2d 227 (Supreme Court of North Carolina, 1984)
In Re Gleisner
539 S.E.2d 362 (Court of Appeals of North Carolina, 2000)
In Re Locklear
566 S.E.2d 165 (Court of Appeals of North Carolina, 2002)
In re J.A.A.
623 S.E.2d 45 (Court of Appeals of North Carolina, 2005)
In re D.H.
629 S.E.2d 920 (Court of Appeals of North Carolina, 2006)
In re J.M.W.
635 S.E.2d 916 (Court of Appeals of North Carolina, 2006)
In re E.N.S.
595 S.E.2d 167 (Court of Appeals of North Carolina, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
648 S.E.2d 577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lh-ncctapp-2007.