In re: M.P.M.

776 S.E.2d 687, 243 N.C. App. 41, 2015 N.C. App. LEXIS 740
CourtCourt of Appeals of North Carolina
DecidedSeptember 1, 2015
Docket15-238
StatusPublished
Cited by8 cases

This text of 776 S.E.2d 687 (In re: M.P.M.) 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: M.P.M., 776 S.E.2d 687, 243 N.C. App. 41, 2015 N.C. App. LEXIS 740 (N.C. Ct. App. 2015).

Opinions

STROUD, Judge.

*42Respondent appeals from an order terminating his parental rights to his child M.P.M. (hereinafter referred to as "May") on the ground that he neglected the juvenile.1 See N.C. Gen.Stat. § 7B-1111(a)(1) (2013). Respondent contends that the trial court erred in (1) making certain findings of fact; and (2) concluding that Respondent neglected May at the time of the termination hearing and *689that there was a likelihood of repetition of neglect. We affirm.

I. Background

In 1999, Arlington County Department of Social Services in Virginia took Arnold, Mother's son, into custody. A court in Arlington County adjudicated Arnold to be abused and neglected, and on or about 24 October 2000, the court terminated Mother's parental rights as to Arnold. In 2001, Margaret was born, and in 2003, Carl was born. In 2003, Mother began a romantic relationship with Mr. F. While on probation in Virginia, Mother and Mr. F. moved to Mecklenburg County. In 2005, Katie was born.

In 2006, Mother and Mr. F. were arrested in Mecklenburg County for absconding from their probation. They were extradited to Virginia where they began serving prison sentences for grand larceny by credit card fraud. On or about 1 September 2006, Mecklenburg County Department of Social Services took Margaret, Carl, and Katie into custody. On or about 18 October 2006, a district court in Mecklenburg County adjudicated the juveniles to be neglected and dependent. In December 2006, while in prison, Mother gave birth to Lance. In February or March 2007, Mr. F. was released from prison and moved back to Mecklenburg County. In 2008, Mr. F. gained custody of Margaret, Carl, Katie, and Lance. In July 2009, Mother was released from prison and, in August 2009, she returned to Mecklenburg County.

On or about 14 August 2009, Katie was hospitalized for severe injuries she sustained from being beaten while in the care of Mr. F. Mr. F. coached the juveniles on what to say when asked how Katie was injured. Mecklenburg County Department of Social Services again took custody of Margaret, Carl, Katie, and Lance, and a district court in Mecklenburg County adjudicated the juveniles to be abused, neglected, and dependent. Mother entered into a service agreement with Mecklenburg County Department of Social Services to work toward regaining custody of her children.

*43In September 2009, Mother moved from Mecklenburg County to Guilford County. In May 2010, Mother began a romantic relationship with Respondent. Shortly thereafter, Mother and Respondent began living together. In November 2010, Mecklenburg County Department of Social Services returned Margaret, Carl, Katie, and Lance to Mother. May, the subject juvenile of this case, was born in February 2011, and Respondent was subsequently determined by DNA paternity testing to be her biological father.

During the period from November 2010 to October 2012 while the juveniles resided with Mother and Respondent, Mother habitually physically and emotionally abused May's four half-siblings. This abuse included beating them, hitting them with items such as shoes, belts, and metal hangers, kicking them in the stomach, screaming at them, and grabbing and pulling them by the hair. Mother often held her hand over the children's mouths and noses to prevent them from screaming while she beat them. She also often put her foot on their backs to hold them down on the floor so they could not escape. During one incident when Respondent attempted to intervene on behalf of Carl, Mother told him that Carl was her child and that he could leave if he did not like the way she disciplined him. Respondent did leave the home, leaving his daughter May with Mother, and returned the next morning.

At some point between November 2010 and October 2012, Respondent began participating in the abuse of May's four half-siblings. On one occasion, as punishment for playing with matches, Respondent and Mother held Carl's face close to a hot burner. On other occasions, Respondent hit the children with shoes, and on at least one occasion, Respondent hit the children with a copper wire.

On 1 October 2012, Mother threatened to strike Carl with an axe. The following day, Margaret disclosed to a social worker the incident with the axe and the daily abuse inflicted upon the children. On or about 3 October 2012, Guilford County Department of Health and Human Services ("DHHS") gained custody of all five juveniles. On 19 December 2012, Respondent signed a service agreement that addressed emotional and mental health, parenting, family relationships, housing, and employment matters. On *6907 January 2013, the trial court adjudicated Margaret, Carl, Katie, and Lance to be abused, neglected, and dependent and adjudicated May to be neglected and dependent. The trial court awarded Respondent one hour of supervised visitation per week. On 23 January 2013, the trial court directed DHHS to proceed with termination of parental rights. On 20 March 2013, DHHS filed a petition to terminate *44the parental rights of Respondent as to May and the parental rights of Mother as to all five children.

Respondent took a parenting psychological evaluation with Dr. Michael McColloch and a pre-psychiatric evaluation, but he failed to comply with Dr. McColloch's recommendation for a full psychiatric evaluation, because he made it clear that he was unwilling to take any medications, which may be recommended as a result of the evaluation. The parenting psychological evaluation noted "personality difficulties," including depressive, avoidant, and schizoid characteristics.

During a session with his individual therapist, Respondent denied that he had ever hit the children. At the time of the filing of the petition in March 2013, Respondent agreed to move out of Mother's home and to cease all contact with Mother. But Respondent continued to call, text, and send photographs of May to Mother, which he took during his visits with May, until October 2013 when Robert McEntire, the DHHS social worker in charge of the case, discovered their continued contact. During this period, Respondent repeatedly falsely reported to McEntire that he was having no contact with Mother. After McEntire confronted Respondent, Respondent explained that "he felt sorry for her" and that "she ha[d] suffered enough." Respondent also stated that he could resume his relationship with Mother if he was certain that she had her anger under control, and that the risk of harm to his daughter if she were left alone with Mother "would be no different than leaving her with a babysitter or someone else because you can't predict what someone will do." In April 2014 during a visit with May, Respondent stated that he was open to leaving May in Mother's care during the day because "she would never hurt her."

The trial court conducted the termination hearing on 11 August 2014, 8 September 2014, 9 September 2014, and 7 October 2014. On 12 December 2014, the trial court concluded that Respondent had neglected May, that Respondent neglected May at the time of the termination hearing, and that there is a likelihood of repetition of neglect should Respondent regain custody of May. See N.C. Gen.Stat. § 7B-1111(a)(1).

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

Related

In re: A.S.A. & H.S.A.
Court of Appeals of North Carolina, 2025
In re: A.D.
Court of Appeals of North Carolina, 2022
In re M.C.
Supreme Court of North Carolina, 2020
In re M.C., M.C., M.C.
Supreme Court of North Carolina, 2020
In re: J.A.M.
816 S.E.2d 901 (Court of Appeals of North Carolina, 2018)
In re M.P.M.
Supreme Court of North Carolina, 2016

Cite This Page — Counsel Stack

Bluebook (online)
776 S.E.2d 687, 243 N.C. App. 41, 2015 N.C. App. LEXIS 740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mpm-ncctapp-2015.