In re T.J.C.

738 S.E.2d 759, 225 N.C. App. 556, 2013 WL 599865, 2013 N.C. App. LEXIS 177
CourtCourt of Appeals of North Carolina
DecidedFebruary 19, 2013
DocketNo. COA12-927
StatusPublished
Cited by3 cases

This text of 738 S.E.2d 759 (In re T.J.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 T.J.C., 738 S.E.2d 759, 225 N.C. App. 556, 2013 WL 599865, 2013 N.C. App. LEXIS 177 (N.C. Ct. App. 2013).

Opinion

STROUD, Judge.

Respondent-mother (“Toni”) and respondent-father (“Fred”) appeal from (1) a permanency planning order which directed cessation of reunification efforts and initiation of termination of parental rights proceedings, and (2) an order terminating their parental rights as to their three minor children: Brianne, Tom, and Keith.1

[557]*557I. Background

The three juveniles were bom to the marriage of Fred and Toni in May 2001, January 2007, and November 2007. The Rockingham County Department of Social Services (“DSS”) first became involved with the family in August 2005 by confirming reports that law enforcement officers had responded to the home multiple times to quell domestic violence. Between 1 May 2006 and 29 May 2010, DSS received several reports of incidents of domestic violence which involved Toni and Fred or Toni and ones of Fred’s relatives. During the 29 May 2010 incident, Toni attacked Fred with two knives after he had knocked her to the floor during a fight.

On 18 June 2010, DSS filed petitions alleging that the three children were neglected juveniles. The children were adjudicated neglected on 12 August 2010 by Judge Stanley L. Allen and were placed in the custody of DSS. After several review hearings, Judge Allen directed that reunification efforts cease by order filed on 16 June 2011. Each parent filed a notice to preserve the right to appeal the order ceasing reunification. Thereafter, on 19 August 2011, DSS filed a motion to terminate the parental rights of both parents. The court conducted hearings upon the motion on 3 November 2011, 14 February 2012, and 1 March 2012.

On 12 April 2012, Judge Allen entered an order terminating respondents’ parental rights on grounds that (1) they neglected the juveniles, and (2) they left the children in foster care or other placement outside the home without showing that reasonable progress has been made in correcting the conditions which led to the removal of the children. As an additional ground for terminating Toni’s parental rights, the trial court concluded that she is incapable of providing for the juveniles’ proper care and supervision such that they are dependent juveniles, and the incapability is likely to continue for the foreseeable future.

Although both parents appealed from the order ceasing reunification efforts, only Fred has specifically challenged that order. Both parents challenge the findings of grounds to terminate their parental rights.

II. Permanency Planning Order

We first address Fred’s challenge to the Permanency Planning Order ceasing reunification efforts. “This Court reviews an order that ceases reunification efforts to determine whether the trial court [558]*558made appropriate findings, whether the findings are based upon credible evidence, whether the findings of fact support the trial court’s conclusions, and whether the trial court abused its discretion with respect to disposition.” In re C.M., 183 N.C. App. 207, 213, 644 S.E.2d 588, 594 (2007) (citations omitted). Fred argues that although the court’s order does recite the findings required by N.C. Gen. Stat. § 7B-507(b)(l) to cease reunification efforts, it “does not, through processes of logical reasoning from the evidentiary facts, find the ultimate facts.” Fred does not argue that these findings are unsupported by the evidence. Rather, he submits that the court’s findings of fact are essentially “evidentiary facts” and “do not support the ultimate findings of fact that reasonable efforts to reunify the children with their parents would be futile or inconsistent with the juveniles’ health, safety, and need for a safe, permanent home within a reasonable period of time.”

We are not persuaded by Fred’s argument. The trial court did make specific findings of fact on an attached page

regarding the parent’s progress in alleviating the problems that necessitated removal of the juvenile [s], progress that remains to be accomplished before reunification can be achieved, the current visitation plan and whether changes are in the juvenile [s’] best interests, the recommendations of RCDSS and the guardian ad litem, and other issues.

The court summarized its findings at the end as follows:

Despite the parents’ efforts to comply with their services agreements and the services provided since the children were removed and during the years prior to removal, domestic violence has persisted on the part of both parents. Further, it appears that, despite some statements to the contrary, the parents continue to have some form of romantic relationship with each other. During joint visits and during transportation to those visits, they have bickered and argued. [Toni] still engages in at least verbal altercations with [Fred], minimizes the problems that she and [Fred] have, has not demonstrated any of the parenting skills she was to learn, has discussed inappropriate topics with the oldest child, and may not be able to rise to the challenge of full-time care of the children alone due in part to her [559]*559limited intellectual functioning. [Fred] has not demonstrated anything that he should have learned from the ECHO Program, continues to engage in verbal altercations with [Toni] and has on at least one occasion since the children’s removal physically assaulted her, calls her repeatedly, blames the domestic violence on her rather than accepting responsibility, and has acknowledged that they have continued some form of relationship. Fred’s smoking breaks and focus on [Toni] have detracted from his bonding with the children during visits. From [Fred’s] inability to give much information about the children during testing, Dr. Holm surmised that he had been relatively uninvolved with the children, which is in keeping with his behavior at visits. In short, both parents are unable to recognize the children’s best interests, continue to expose them to dysfunctional behavior, and are more focused on making each other look bad than having the children returned to them. RCDSS has offered every service imaginable and there are no additional services to offer. The parents have continued the pattern of behavior that led to the children being removed and there is a great likelihood that pattern will continue into the future.
Dr. Holm notes that signs are already apparent of the impact on the children of the domestic violence and instability. He also notes that the children seem to be profiting from their out-of-home placement. The children have been in foster care since June of 2010. Based on the length of time the children have been in care, the parents’ refusal or inability to correct the conditions that led to the removal, and the children’s need for a safe and stable home within a reasonable period of time, their permanency plan should be adoption.

The court then found that return of the juveniles to the home would be contrary to their best interests for the reasons set forth in the order and previous orders, that it will not be possible for the juveniles to be returned home immediately or within six months, that DSS has made reasonable efforts to reunify, and that reunification efforts are clearly futile and contrary to the juveniles’ best interests. The trial court resolved the material, disputed factual issues in its findings of evidentiary facts, those evidentiary facts show why the trial court [560]

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Bluebook (online)
738 S.E.2d 759, 225 N.C. App. 556, 2013 WL 599865, 2013 N.C. App. LEXIS 177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tjc-ncctapp-2013.