In Re VLB

608 S.E.2d 787, 168 N.C. App. 679, 2005 N.C. App. LEXIS 394
CourtCourt of Appeals of North Carolina
DecidedMarch 1, 2005
DocketCOA04-219
StatusPublished
Cited by18 cases

This text of 608 S.E.2d 787 (In Re VLB) 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 VLB, 608 S.E.2d 787, 168 N.C. App. 679, 2005 N.C. App. LEXIS 394 (N.C. Ct. App. 2005).

Opinion

608 S.E.2d 787 (2005)

In the Matter of V.L.B.

No. COA04-219.

Court of Appeals of North Carolina.

March 1, 2005.

Stephen M. Schoeberle, Morgan, for the Burke County Department of Social Services-petitioner-appellee.

Starnes, Teele, Aycock, Haire & Treibert, PA, by Nancy L. Einstein, Morganton, for Guardian ad Litem-appellee.

Carlton, Rhodes & Carlton, by Gary C. Rhodes, Salisbury, for respondent-mother-appellant.

Charlotte Gail Blake, Jefferson, for respondent-father-appellant.

*789 CALABRIA, Judge.

A.B. ("respondent-mother") and K.B. ("respondent-father") (collectively "respondents") appeal an order of the Burke County District Court terminating their parental rights to the minor child, V.L.B. We affirm.

The evidence indicates the termination of parental rights issues in this case arose after the Burke County Department of Social Services ("DSS") substantiated a report that respondent-mother was living in a house without electricity and that the State of Michigan had terminated respondents' parental rights to their other children, principally due to abuse committed by respondent-father and respondent-mother's unwillingness to remain separated from him. Respondents moved from Michigan to North Carolina in June 2002 on V.L.B's due date. V.L.B. was born approximately one week later on 10 June 2002. She was the seventh child born to respondent-mother and the fifth born to respondents. On 17 June 2002, seven days after birth, V.L.B. was released from the hospital and immediately placed in the custody of DSS. Subsequently, V.L.B. was placed in a foster-to-adopt home under the supervision of DSS. On 15 August 2002, all parties consented to a dependency adjudication based on the State of Michigan's prior terminations of respondents' parental rights to their other children, respondents' psychological diagnoses, and respondents' lack of psychological treatment. The trial court continued disposition until current psychological evaluations could be completed.

The evidence indicates respondents received psychological evaluations on 16 September 2002. Respondent-mother's psychological evaluation revealed she had: (1) "a very high level of anxiety and tension[,] ... to [a] degree that her ability to concentrate and attend [appeared] significantly compromised"; (2) "difficulty with anger management"; (3)"low frustration tolerance [and] poor impulse control"; (4) "many characteristics consistent with persons who have been found substantiated for child abuse"; and (5) "[a] significant likelihood of high levels of anxiety, depression and loss of emotional and behavioral control." The evaluating psychologist's clinical impression was that she suffered from an adjustment disorder with anxiety and a borderline personality disorder. The psychologist concluded:

A review of DSS records, previous psychological evaluations and current circumstances do not provide a positive prognosis for [respondent-mother's] ... ability to care for [V.L.B.] Many of the circumstances that led to the termination of parental rights of her children in Michigan continue currently. [She] continues to have chronic mental health problems, as well as more acute anxiety problems. Although she expressed interest in change, her personality problems are not easily amenable to change.

Respondent-mother met with a counselor one time shortly after giving birth to V.L.B. but sought no further help for her mental health problems and testified that she did not need mental health treatment.

*790 Respondent-father's psychological evaluation revealed he had: (1) "chronic mental illness, which [had] not adequately responded to medication"; (2) symptoms of depression; (3) "speech processes [that were] tangential and circumstantial ... [and] difficulty answering simple questions"; (4) poor concentration and a high level of distractibility; (5) a history of intermittent psychiatric and psychological treatment but had "not been able to follow through with a long course of treatment"; (6) a brain injury from a 1999 car accident that exacerbated his mental illness; and (7) a September 2001 commitment to an inpatient psychological institution for threatening to assault respondent-mother. The evaluating psychologist's clinical impression was that he suffered from psychosis not otherwise specified and personality disorder not otherwise specified with Schizotypal features. Additionally, his record from prior evaluations indicated bipolar disorder, but he showed no significant signs of bipolar disorder in this evaluation. The psychologist concluded:

Based on the previous evaluations and the current information, it does not appear that [respondent-father] has made any progress [between] the time ... [his] parental rights [were] terminated [to the other children and this evaluation]. It's unlikely that he would be capable of constructively parenting an infant at this time, and there are no recommendations, given this finding.

Respondent-father's physical condition, as reported by his physician, included a diagnosis of type II diabetes. It appears respondent-father's physician considered his diabetes in conjunction with his mental illness and memory problems and recommended he receive "round-the-clock care."

After reviewing the psychological evaluations, the trial court entered an order ceasing reunification efforts and ordered adoption as the permanent plan for V.L.B. On 27 March 2003 and again on 17 July 2003, the trial court reviewed the permanent plan and entered orders maintaining adoption as the permanent plan for V.L.B. On 22 September 2003, a termination hearing was held, and all parties were present with representation, including respondent-mother's guardian ad litem and respondent-father's guardian ad litem. At this hearing, the trial court found the parental rights of respondents with respect to their other children had been terminated involuntarily by a court of competent jurisdiction, and although both had the willingness, respondents lacked the ability to establish a safe home for V.L.B. Therefore, the trial court concluded sufficient grounds existed for termination of respondents' parental rights under N.C. Gen.Stat. § 7B-1111(a)(9) (2003). The trial court then determined the best interests of V.L.B. would be served by terminating respondents' parental rights. Respondents appeal.

A proceeding to terminate parental rights consists of two stages: (1) the adjudicatory stage, under N.C. Gen.Stat. § 7B-1109 (2003), and (2) the dispositional stage, under N.C. Gen.Stat. § 7B-1110 (2003). In re Mills, 152 N.C.App. 1, 6, 567 S.E.2d 166, 169 (2002). At the adjudicatory stage, "the petitioner must show by `clear, cogent and convincing evidence' the existence of one or more of the [nine] statutory grounds for termination of parental rights [enumerated in N.C. Gen.Stat. § 7B-1111 (2003)]." Id. (quoting N.C. Gen.Stat. § 7B-1109(f)). Accordingly, in reviewing this stage, we must determine "`whether the findings of fact are supported by clear, cogent and convincing evidence and whether these findings, in turn, support the conclusions of law.'" In re Shepard, 162 N.C.App. 215, 221, 591 S.E.2d 1, 6 (2004) (quoting In re Clark, 72 N.C.App. 118, 124, 323 S.E.2d 754, 758 (1984)).

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Cite This Page — Counsel Stack

Bluebook (online)
608 S.E.2d 787, 168 N.C. App. 679, 2005 N.C. App. LEXIS 394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-vlb-ncctapp-2005.