In re N. L.C.

822 S.E.2d 796
CourtCourt of Appeals of North Carolina
DecidedFebruary 5, 2019
DocketNo. COA18-669
StatusPublished

This text of 822 S.E.2d 796 (In re N. L.C.) 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 N. L.C., 822 S.E.2d 796 (N.C. Ct. App. 2019).

Opinion

BERGER, Judge.

Respondent, the mother of the minor child N.L.C. ("Nadia"1 ), appeals from the trial court's order terminating her parental rights. Respondent argues the trial court erred in determining that termination of her parental rights was in Nadia's best interests because it did not make the necessary findings of fact under N.C. Gen. Stat. § 7B-1110 (2017). For the following reasons, we affirm.

Factual and Procedural Background

When Nadia was born in 2014, Respondent was sixteen years old and had a long history of substance abuse issues. On March 5, 2015, Respondent and the child's father engaged in a domestic violence incident, resulting in Respondent being arrested. That same day, the Caldwell County Department of Social Services ("DSS") received a Child Protective Services ("CPS") report alleging substance abuse and domestic violence by both parents. According to the report, various family members had found needles and burnt spoons in Respondent's bedroom. Nadia was then placed in a kinship care placement with her paternal grandparents.

On April 13, 2015, Respondent entered into an In Home Family Services Agreement, in which she agreed to (1) complete a comprehensive clinical assessment with a mental health and substance abuse component and comply with all recommendations; (2) submit to random drug screens; (3) refrain from using alcohol, illegal substances, and medication not prescribed to her; (4) refrain from entering domestic violence relationships; (5) obtain and maintain safe, appropriate, independent housing; and (6) obtain and maintain legal, gainful employment.

On July 29, 2015, DSS filed a juvenile petition alleging Nadia was a neglected and dependent juvenile. The petition alleged that Respondent removed Nadia from her kinship placement with the paternal grandparents and placed Nadia with her maternal great-grandparents without informing DSS. The petition further alleged that Respondent had recently stolen medication and money from her grandmother. DSS further alleged that neither parent had completed any case plan goals in order to address the identified issues.

Following a hearing on the juvenile petition in December 2015, the trial court entered an order adjudicating Nadia to be a neglected and dependent juvenile. In a disposition order entered January 15, 2016, the trial court placed the juvenile in the custody of DSS and approved placement with the maternal great-grandparents. The trial court also ordered Respondent to comply with the components of her case plan.

On March 9, 2016, Respondent relinquished her parental rights in favor of the maternal great-grandparents. In a subsequent permanency planning order, the trial court changed the permanent plan to adoption with a secondary plan of guardianship with a relative. The trial court continued custody with DSS and placement with the maternal great-grandparents.

However, in February 2017, DSS received a CPS report alleging the maternal great-grandparents were using drugs. The maternal great-grandparents submitted to drug screens on February 21, 2017. The great-grandmother's drug screen was negative, but the great-grandfather tested positive for both methamphetamine and marijuana. During the investigation, the great-grandfather admitted to the social worker that he had used methamphetamine. The great-grandfather was negative for all tested substances on a subsequent drug screen, but the great-grandmother refused submit to additional drug screens. As a result, DSS decided to remove Nadia from the home in March 2017.

When DSS attempted to pick up Nadia on March 31, 2017, the maternal great-grandmother tried to evade DSS's efforts to gain physical custody of Nadia by taking the juvenile to multiple residences. DSS and law enforcement ultimately found the great-grandmother at a friend's house hiding in a closet with Nadia. DSS then placed Nadia in a foster home.

After her removal, Nadia was found to have a full head of lice and significant cavities, and she was behind on her wellness exams and immunizations. On April 4, 2017, due to the reports of drug abuse in the great-grandparents' home, a hair follicle test was done on Nadia. Results of the drug test indicated that she was positive for methamphetamine. On April 10, 2017, Respondent revoked her relinquishment of her parental rights in favor of the maternal great-grandparents.

DSS subsequently filed a motion to terminate Respondent's parental rights to Nadia, alleging neglect, willful failure to make reasonable progress, willful failure to pay reasonable costs of care, abandonment, and dependency. See N.C. Gen. Stat. § 7B-1111(a)(1)-(3), (6)-(7) (2017). Following a March 2018 hearing, the trial court entered an order terminating Respondent's parental rights.2 The trial court concluded that grounds existed to terminate Respondent's parental rights as alleged in the petition, and that termination of Respondent's parental rights was in Nadia's best interests. Respondent timely appealed.

Respondent does not challenge the trial court's adjudication that grounds existed to terminate her parental rights. Rather, Respondent's sole argument on appeal is that the trial court abused its discretion in concluding that the termination of her parental rights was in Nadia's best interests. Specifically, Respondent contends that the trial court failed to make the necessary findings of fact required by Section 7B-1110.

Analysis

After a trial court adjudicates the existence of at least one ground upon which to base termination, the court must then determine at disposition whether termination is in the best interests of the child. N.C. Gen. Stat. § 7B-1110(a). The trial court must consider the following factors in making its determination:

(1) The age of the juvenile.
(2) The likelihood of adoption of the juvenile.
(3) Whether the termination of parental rights will aid in the accomplishment of the permanent plan for the juvenile.
(4) The bond between the juvenile and the parent.
(5) The quality of the relationship between the juvenile and the proposed adoptive parent, guardian, custodian, or other permanent placement.
(6) Any relevant consideration.

Id .

While the trial court must consider all of these factors, it is required to make written findings of fact regarding only those factors that are relevant. In re D.H. , 232 N.C. App. 217, 221, 753 S.E.2d 732, 735 (2014) (citation and quotation marks omitted). A factor is relevant if there is conflicting evidence concerning the factor such that it is placed in issue. In re H.D. , 239 N.C. App. 318, 327, 768 S.E.2d 860, 866 (2015) (citation and quotation marks omitted). "The court's determination of the juvenile's best interest will not be disturbed absent a showing of an abuse of discretion." In re E.M.

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Related

State v. Hennis
372 S.E.2d 523 (Supreme Court of North Carolina, 1988)
Koufman v. Koufman
408 S.E.2d 729 (Supreme Court of North Carolina, 1991)
In Re MM
684 S.E.2d 463 (Court of Appeals of North Carolina, 2009)
In Re EM
692 S.E.2d 629 (Court of Appeals of North Carolina, 2010)
In re D.H.
753 S.E.2d 732 (Court of Appeals of North Carolina, 2014)
In re C.L.C.
615 S.E.2d 704 (Court of Appeals of North Carolina, 2005)
In re M.M.
200 N.C. App. 248 (Court of Appeals of North Carolina, 2009)
In re E.M.
202 N.C. App. 761 (Court of Appeals of North Carolina, 2010)

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Bluebook (online)
822 S.E.2d 796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-n-lc-ncctapp-2019.