In re T.T.

CourtSupreme Court of North Carolina
DecidedNovember 5, 2021
Docket363A20
StatusPublished

This text of In re T.T. (In re T.T.) 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 T.T., (N.C. 2021).

Opinion

IN THE SUPREME COURT OF NORTH CAROLINA

2021-NCSC-145

No. 363A20

Filed 5 November 2021

IN THE MATTER OF: T.T.

Appeal pursuant to N.C.G.S. § 7B-1001(a1)(1) from an order entered on 13

March 2020 by Judge Joy A. Jones in District Court, Harnett County. This matter

was calendared in the Supreme Court on 30 September 2021 but determined on the

record and briefs without oral argument pursuant to Rule 30(f) of the North Carolina

Rules of Appellate Procedure.

Duncan B. McCormick, Staff Attorney, for petitioner-appellee Harnett County Department of Social Services.

Mobley Law Office, P.A., by Marie H. Mobley, for appellee Guardian ad Litem.

Parent Defender Wendy C. Sotolongo and Assistant Parent Defender J. Lee Gilliam for respondent-appellant mother.

HUDSON, Justice.

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

rights to her minor daughter, T.T. (Tiffany).1 After careful review, we affirm.

1 Pseudonyms are used to protect the identities of the juveniles referred to in this

opinion and for ease of reading. The order also terminated the parental rights of Tiffany’s legal father, Steven, and putative biological father, LaDarion, neither of whom are parties to this appeal. IN RE T.T.

Opinion of the Court

I. Background

¶2 On 22 May 2014, Harnett County Department of Social Services (DSS) filed a

juvenile petition alleging that ten-year-old Tiffany was neglected and obtained

nonsecure custody of her.2 Tiffany was placed in a foster care placement.

¶3 The juvenile petition noted the family’s extensive history with social services

in Prince George’s County, Maryland, and in Rockingham County, North Carolina,

prior to DSS becoming involved. The petition alleged that, while the family lived in

Maryland, the children were removed from respondent and Steven’s care in 2008 and

placed in foster care due to domestic violence and Steven’s issues with mental health,

anger, and substance abuse. After the children were returned to respondent’s care,

social services in Maryland received a report in 2009 that Riley had been sexually

abused by a family friend. Respondent did not comply with the investigation. The

petition also noted other investigations of sexual and physical abuse of the children

by family friends in the home, which found that respondent had a history of allowing

people in her home who placed the children at risk. The petition further alleged that

after the family relocated to Rockingham County, reports were made in 2009 and

2010 claiming neglect, lack of care, inappropriate supervision and discipline,

2 DSS also filed juvenile petitions concerning Tiffany’s minor siblings—sixteen-year-

old J.H. (John), fifteen-year-old A.H. (Aiden), eleven-year-old R.T. (Riley), six-year-old S.T. (Scott), and five-year-old N.T. (Nina)—and obtained nonsecure custody of the siblings. Although referred to in this opinion, Tiffany’s siblings were not subjects of the termination proceeding and are not subjects of this appeal. IN RE T.T.

domestic violence, and an injurious environment. The reports in Rockingham County

resulted in a determination in June 2010 that the family was in need of services.

However, the family had fled the area and could not be contacted or located.

¶4 The petition also alleged that DSS received reports in Harnett County

regarding the family on 5 December 2013 and 10 and 21 January 2014. The reports

included concerns of neglect, improper supervision and care, inappropriate discipline,

domestic violence, substance abuse, and an injurious environment. DSS’s assessment

of the reports resulted in a case decision that the family was in need of services, and

the case was transferred to In-Home Services on 7 February 2014. During a home

visit with the family made in order to establish a Family Services Agreement (FSA),

social workers had to separate respondent and Steven because they were yelling and

screaming at each other in the presence of the children. The petition noted that

respondent blamed the social workers for the incident. The petition indicated that

respondent entered into a services agreement but alleged she only “minimally

complied with the objectives and activities” provided therein.

¶5 The petition alleged the children’s safety and welfare continued to be a concern

despite the services offered, and DSS received reports on 16 and 20 May 2014 about

another domestic violence incident between respondent and Steven and about an

incident where Nina was almost struck by a utility vehicle while she and Scott were

outside near the road unsupervised. Lastly, the petition noted concerns with the IN RE T.T.

children’s school attendance, which was so poor that respondent was charged and

incarcerated for Aiden’s truancy; the children being out of medication for behavioral

problems; respondent’s withdrawal of the children from mental health services; and

the parents’ failure to take John to the dentist for decayed teeth.

¶6 On 10 June 2014, respondent agreed to a visitation plan and an Out-of-Home

Family Services Agreement (OHFSA). The visitation plan allowed respondent one

hour of weekly supervised visitation with the children. The OHFSA required

respondent to complete a psychiatric evaluation and follow recommendations,

including consistent individual counseling; participate in domestic violence

counseling through the SAFE program; complete a psychological evaluation with

David Rademacher; enroll in and complete twenty-six weeks of the PRIDE parenting

program, which was to include thirteen weeks of anger management classes; and

attend regular visits with the children.

¶7 On 25 July 2014, the juvenile petition was heard jointly with petitions for

Tiffany’s siblings, and the trial court entered a combined adjudication and disposition

order for all the children. The trial court adjudicated Tiffany and her siblings

neglected juveniles based on findings of fact echoing the allegations in the juvenile

petition, including that respondent and Steven did not provide appropriate care or

supervision to the children and exposed the children to domestic violence and that

the children lived in an environment injurious to their welfare. The trial court IN RE T.T.

awarded DSS custody of the children; continued respondent’s visitation in accordance

with an amended visitation plan; continued DSS’s reunification efforts; endorsed

respondent’s OHFSA; and ordered respondent to demonstrate her compliance with

all aspects of her OHFSA, to sign any consents or releases for information requested

by DSS or the guardian ad litem (GAL), and to refrain from discussing the case with

the children or encouraging the children to run away from foster care, which the trial

court found she had done during visits. The trial court found that Steven had moved

to Washington, D.C. after the children’s removal from the home and had not entered

a services agreement.

¶8 The case came on for a permanency planning review hearing on 17 October

2014, and the trial court entered its order on the same day. The trial court’s findings

reflect respondent’s initial engagement in her OHFSA but subsequent failure to

follow through with services. The trial court found respondent had completed a

psychiatric evaluation with Daymark and a psychological evaluation with David

Rademacher.

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