In re S.R.F.

CourtSupreme Court of North Carolina
DecidedFebruary 5, 2021
Docket214A20
StatusPublished

This text of In re S.R.F. (In re S.R.F.) is published on Counsel Stack Legal Research, covering Supreme Court 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 S.R.F., (N.C. 2021).

Opinion

IN THE SUPREME COURT OF NORTH CAROLINA

2021-NCSC-5

No. 214A20

Filed 5 February 2021

IN THE MATTER OF: S.R.F.

Appeal pursuant to N.C.G.S. § 7B-1001(a1)(1) from an order entered on 12

February 2020 by Chief Judge Thomas M. Brittain in District Court, Transylvania

County. This matter was calendared in the Supreme Court on 6 January 2021 but

determined on the record and briefs without oral argument pursuant to Rule 30(f) of

the North Carolina Rules of Appellate Procedure.

Mary Ann J. Hollocker for petitioner-appellee Transylvania County Department of Social Services.

Susan H. Boyles for appellee Guardian ad Litem.

Robert W. Ewing for respondent-appellant mother.

MORGAN, Justice.

¶1 Respondent-mother appeals from the trial court’s order terminating her

parental rights to “Sarah,”1 a minor child born in September 2014. Although the trial

court also terminated the parental rights of Sarah’s father, he is not a party to this

appeal. Because we conclude that the trial court properly adjudicated the existence

1 We use this pseudonym to protect the juvenile’s privacy and for ease of reading. IN RE S.R.F.

Opinion of the Court

of grounds to terminate respondent-mother’s parental rights based on her neglect of

Sarah, we affirm.

Factual Background and Procedural History

¶2 On 28 March 2018, Transylvania County Department of Social Services (DSS)

obtained nonsecure custody of Sarah and filed a juvenile petition alleging that she

was neglected and dependent. The trial court held an adjudicatory hearing on 30 May

2018 at which the parties stipulated to the following facts:

12. On or about October 17, 2017, [DSS] received a Child Protective Services report that [Sarah] had been exposed to a physical altercation between [respondent- mother] and a man named Casey.

13. [Sarah] was in the presence of the domestic violence incident when Casey hit, smacked, and choked [respondent-mother].

14. On or about October 18, 2017, [DSS] received a Child Protective Services report alleging [respondent- mother] was using meth and leaving [Sarah] with who[m]ever and drugs are being sold out of the home where the child lives.

15. . . . Law enforcement went to the home and found methamphetamine. [Respondent-mother] was charged with Felony Possession [of] Methamphetamine. Charges are currently pending. [Sarah] was at the home during the raid.

16. On or about October 19, 2017, [respondent-mother] made [a] plan for [Sarah] to reside with her grandmother . . . and then later changed the plan to her father, David . . . . David and [his wife] are unable to continue to provide care for [Sarah] at this time. IN RE S.R.F.

17. On or about October 21, 2017, [a DSS] Social Worker . . . met with [respondent-mother] in Transylvania County jail and [respondent-mother] agreed to [a] safety assessment. . . .

....

22. [Respondent-mother] did not contact the social worker upon release from jail. [She] has not completed a substance abuse assessment. [She] has not complied with drug screen requests from the Department.

24. On or about March 5, 2018, [respondent-mother] was charged with Felony Breaking and/or Entering and Felony Larceny after Breaking/Entering for stealing items from her grandmother’s home. Charges are currently pending.

25. [Respondent-mother] admitted to the social worker that drugs were sold out of the home where the juvenile was residing.

26. [Respondent-mother] admitted to the social worker that she has an addiction problem and was using methamphetamine.

29. . . . [Respondent-mother] was incarcerated at the time of the petition.

30. [Sarah] has been exposed to an injurious environment while in her mother’s care. The juvenile has been exposed to domestic violence and substance abuse. IN RE S.R.F.

31. [Respondent-mother’s] substance abuse has impeded her ability to provide appropriate care and supervision of the juvenile.

Based on these stipulated facts, the trial court entered an order on 12 June 2018

adjudicating Sarah to be a neglected and dependent juvenile.

¶3 The trial court held a dispositional hearing on 13 June 2018 and subsequently

entered a “Disposition Order” on 2 August 2018. As a result of the hearing and the

order, the trial court granted custody and placement authority over Sarah to DSS and

specifically sanctioned Sarah’s transfer from kinship care into a foster placement

recommended by DSS. The trial court provided one hour of supervised visitation per

week with Sarah to respondent-mother and ordered respondent-mother to contact

DSS in order to establish a case plan and to “follow any and all parts” thereof.

Respondent-mother signed her DSS case plan on 14 June 2018.

¶4 After a permanency planning hearing on 14 November 2018, the trial court

established a primary permanent plan for Sarah of reunification, with a secondary

plan of adoption and termination of parental rights. However, the trial court

discontinued respondent-mother’s visitation with Sarah due to respondent-mother’s

repeated failure to attend scheduled visits and the resulting distress caused to Sarah.

The trial court offered the prospect of future visitation if respondent-mother would

“reengage.” IN RE S.R.F.

¶5 Following a hearing on 15 May 2019, the trial court changed Sarah’s primary

permanent plan to termination of parental rights and adoption. The trial court found

that respondent-mother was incarcerated and had not “made any attempts to work

on her [case] plan” since the previous hearing.

¶6 DSS filed a motion to terminate the parental rights of both respondents to

Sarah on 15 July 2019. After a series of continuances, the trial court held a hearing

on the motion to terminate parental rights on 15 January 2020 and entered an order

terminating respondents’ parental rights on 12 February 2020.

¶7 The trial court adjudicated the existence of two statutory grounds for

terminating respondent-mother’s parental rights: (1) respondent-mother’s neglect of

Sarah under N.C.G.S. § 7B-1111(a)(1) (2019), and (2) respondent-mother’s willful

failure to make reasonable progress to correct the conditions leading to Sarah’s

removal from the home in March 2018 under N.C.G.S. § 7B-1111(a)(2) (2019). The

trial court then considered the dispositional factors in N.C.G.S. § 7B-1110(a) (2019)

and concluded that it was in Sarah’s best interests to terminate respondent-mother’s

parental rights. Respondent-mother gave timely notice of appeal from the

termination of parental rights order. IN RE S.R.F.

¶8 In her appeal to this Court, respondent-mother challenges both of the grounds

for termination of her parental rights which were adjudicated by the trial court.2 She

contends the court’s adjudications are unsupported by its findings of fact and based

on findings not supported by the evidence. Respondent-mother does not separately

contest the trial court’s determination of Sarah’s best interests at the dispositional

stage of the proceeding under N.C.G.S. § 7B-1110(a). We thus limit our review to the

court’s adjudicatory findings and conclusions.

Adjudication

¶9 Under this Court’s well-established standard of review,

[w]e review a district court’s adjudication under N.C.G.S. § 7B-1111(a) to determine whether the findings are supported by clear, cogent and convincing evidence and the findings support the conclusions of law. Unchallenged findings of fact are deemed supported by competent evidence and are binding on appeal.

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Related

Koufman v. Koufman
408 S.E.2d 729 (Supreme Court of North Carolina, 1991)
Matter of Ballard
319 S.E.2d 227 (Supreme Court of North Carolina, 1984)
State v. Sparks
657 S.E.2d 655 (Supreme Court of North Carolina, 2008)
In re D.L.W.
788 S.E.2d 162 (Supreme Court of North Carolina, 2016)
In re: M.J.S.M.
810 S.E.2d 370 (Court of Appeals of North Carolina, 2018)

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In re S.R.F., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-srf-nc-2021.