In Re MNC

625 S.E.2d 627, 176 N.C. App. 114, 2006 N.C. App. LEXIS 421
CourtCourt of Appeals of North Carolina
DecidedFebruary 21, 2006
DocketCOA05-829
StatusPublished

This text of 625 S.E.2d 627 (In Re MNC) 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 MNC, 625 S.E.2d 627, 176 N.C. App. 114, 2006 N.C. App. LEXIS 421 (N.C. Ct. App. 2006).

Opinion

625 S.E.2d 627 (2006)

In the Matter of M.N.C.

No. COA05-829.

Court of Appeals of North Carolina.

February 21, 2006.

Kathleen A. Widelski, Kannapolis, for petitioner-appellee Cabarrus County Department of Social Services.

Victoria Bost, Concord, for guardian ad litem-appellee.

Carol Ann Bauer for respondent-appellant.

*629 SMITH, Judge.

Respondent father ("respondent") appeals the trial court's order terminating his parental rights to the minor child M.N.C. For the reasons stated herein, we affirm.

On 24 September 2003, M.N.C., age five, and her fourteen year old sister, D.C.C., were placed in the custody of the Cabarrus County Department of Social Services ("CCDSS") pursuant to a petition alleging the minor children were neglected by their parents in that "the parents regularly engage in domestic violence and use drugs in front of the children". On 4 December 2003, respondent consented to an order adjudicating his daughters neglected. CCDSS filed a motion in the cause to terminate respondent's parental rights on 14 September 2004, alleging respondent (1) neglected the minor child; (2) failed to pay a reasonable portion of the cost of care of the juvenile although physically and financially able to do so; and (3) was incapable of providing for the proper care and supervision of the minor child such that she is dependent and there is a reasonable probability that such incapacity will continue for the foreseeable future.

Following a hearing conducted on 3 and 4 February 2005, the trial court entered an order terminating respondent's parental rights to the minor child M.N.C. Respondent appeals.

Respondent presents the following issues for appellate review: (1) whether the trial court's findings of fact are supported by clear, cogent, and convincing evidence; (2) whether the findings support the conclusions of law; and (3) whether the trial court abused its discretion in terminating respondent's parental rights.

In a proceeding to terminate parental rights, the trial court must first determine if one or more statutory grounds exist for termination pursuant to N.C. Gen.Stat. § 7B-1111 (2003). The petitioner has the burden of proving by clear, cogent, and convincing evidence that such ground(s) exist. The standard for appellate review of the trial court's determination that sufficient ground(s) exist pursuant to N.C. Gen.Stat. § 7B-1111 is whether the trial court's findings of fact are supported by clear, cogent, and convincing evidence and whether the findings of fact support the conclusions of law. In re Allred, 122 N.C.App. 561, 565, 471 S.E.2d 84, 86 (1996).

Respondent contends the trial court "erred in finding of fact # 12 in that the evidence in that finding was not properly before the trial court." We disagree.

Finding twelve reads:

That statutory grounds exist by clear, cogent and convincing evidence to terminate the parental rights of [respondent] in that the Respondent has neglected the juveniles within the meaning of N.C.G.S. 7B-101(15) and there is a likelihood that such neglect will continue in the future.
a. Reports to the Cabarrus County Department of Social Services regarding *630 the ... family began in March 1992. A petition was filed [i]n July 1993. The issues which led to the filing [of] said petition were drug use by [respondent mother] and [respondent father] and domestic violence in the home. A non secure custody order was issued for D.C.C. and her older sibling. The family entered into an agreement to address the issues of drug use and domestic violence and the petition was dismissed. On September 22, 2003 another report was made. During an investigation, D.C.C. and M.N.C. confirmed their parents' drug use and domestic violence. On September 23, 2003, D.C.C. presented herself to the Cabarrus County Department of Social Services and stated that she was afraid to go home. The social worker went to the ... home on September 24, 2003, but no one would answer the door. Thirty minutes after the social worker left the home, [respondent mother] removed M.N.C. from school. When the social worker returned to the ... home, she found [respondent mother] irate and irrational. [Respondent] was unsteady on his feet and appeared to be under the influence of an impairing substance.
b. On December 14, 2003 [respondent] appeared and stipulated to neglect of the children.
c. Pursuant to a disposition, [respondent] agreed and was ordered to complete the following tasks designed to address the issues which led to the children's removal from his home:
1) Submit to a psychological evaluation and complete all recommended treatment.
2) Submit to a substance abuse assessment to be performed by Northeast Psychiatric and Psychological Institute. The initial appointment was to be scheduled by December 15, 2003.
3) Submit to random drug screens within 8 hours of the request by the social worker.
4) Attend counseling for anger management.
5) Attend a parenting class and demonstrate age appropriate discipline techniques.
6) Obtain and maintain stable housing[.]
7) Contact child support enforcement to enter into a support agreement.
8) Contact the social worker weekly as to the status of the case and his progress on ordered tasks.
9) Abide by a visitation plan.
10) Inform the social worker of any transportation problems.
11) Cooperate with D.C.C.'s counseling if recommended.
d. A review was scheduled for February 19, 2004, but the matter was continued for good cause shown. [Respondent] was present and told in open court to return on March 25, 2004.
e. A review was held on March 25, 2004 before the undersigned Judge. Despite actual notice, [respondent] did not appear. A court summary and a GAL report were admitted. The Court found that [respondent] had made minimal progress in addressing the issues which led to placement.
1) [Respondent] attended the first appointment for his psychological evaluation but was later terminated for missed appointments.
2) [Respondent] completed a substance abuse assessment, however, he did so before the Department could submit background information to the assessing agency.
3) [Respondent] submitted to two drug screens which were negative.
4) [Respondent] began attendance at anger management classes and did well during the sessions initially. However, he did not complete the program and therefore he was terminated from classes.
5) [Respondent] attended a parenting class and demonstrated age appropriate discipline techniques. He acknowledged that drugs and his anger issues had affected his family.
*631 6) [Respondent's] housing was unstable. He had lived at different places since the disposition.
7) The social worker verified that [respondent] received disability.
8) [Respondent] did not contact the social worker weekly. He did speak to her after visits.
9) [Respondent] abided by a visitation plan.

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Related

Matter of Byrd
324 S.E.2d 273 (Court of Appeals of North Carolina, 1985)
Matter of Isenhour
400 S.E.2d 71 (Court of Appeals of North Carolina, 1991)
In Re Blackburn
543 S.E.2d 906 (Court of Appeals of North Carolina, 2001)
In Re Brim
535 S.E.2d 367 (Court of Appeals of North Carolina, 2000)
Matter of Helms
491 S.E.2d 672 (Court of Appeals of North Carolina, 1997)
Matter of Allred
471 S.E.2d 84 (Court of Appeals of North Carolina, 1996)
In Re M.R.D.C.
603 S.E.2d 890 (Court of Appeals of North Carolina, 2004)
In re M.A.L.
611 S.E.2d 413 (Supreme Court of North Carolina, 2005)
In re M.N.C.
625 S.E.2d 627 (Court of Appeals of North Carolina, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
625 S.E.2d 627, 176 N.C. App. 114, 2006 N.C. App. LEXIS 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mnc-ncctapp-2006.