In re X.M.C.

812 S.E.2d 913
CourtCourt of Appeals of North Carolina
DecidedMay 1, 2018
DocketNo. COA17-1057
StatusPublished

This text of 812 S.E.2d 913 (In re X.M.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 X.M.C., 812 S.E.2d 913 (N.C. Ct. App. 2018).

Opinion

CALABRIA, Judge.

Respondent-mother appeals from orders1 terminating her parental rights to her minor children X.M.C. ("Xavier") and S.M.H-C. ("Sarah").2 She contends the trial court abused its discretion in concluding termination was in the children's best interests. We affirm.

I. Factual and Procedural Background

On 20 May 2015, the Davidson County Department of Social Services ("DSS") filed petitions alleging Xavier and Sarah were neglected and dependent juveniles. DSS stated that respondent-mother had been arrested on 16 April 2015 for shoplifting while Xavier and Sarah were present. When a social worker attempted to visit the home the same day, the parents would not allow her to enter. However, the social worker observed stacks of boxes from the doorway. On 19 May 2015, the social worker attempted another home visit, but respondent-mother refused entry again because there were feces on the floor. Respondent-mother also told DSS that she had been diagnosed with bipolar disorder. DSS obtained nonsecure custody of the children and placed them in foster care.

On 6 August 2015, the trial court entered an order adjudicating Xavier and Sarah as neglected juveniles, based primarily upon stipulations by the parties. Respondent-mother was ordered to submit to random drug screens, participate in therapy, complete parenting classes, obtain and maintain a suitable residence and steady income, and comply with the recommendations of any assessments conducted as part of her case plan. The children remained in DSS custody. The court also ordered a home study on the maternal grandparents, Mr. and Mrs. M., who lived in Indiana.

On 17 February 2016, the trial court entered a review and permanency planning order. The court found that the home study on the maternal grandparents was approved and that the grandparents expressed a desire to have Xavier and Sarah placed with them if they could not return home. However, the parents were making progress on their respective case plans, and so the court set the primary permanent plan as reunification with a secondary plan of guardianship with a relative.

On 1 June 2016, the trial court entered another review and permanency planning order. The court found that respondent-mother was not making adequate progress on her case plan. However, the primary permanent plan remained reunification. The court also established visitation between the children and the maternal grandparents, including via telephone and video chat.

On 24 August 2016, the trial court entered its next review and permanency planning order. The court found that the maternal grandparents had not returned to North Carolina since 6 April 2016 and that they had minimal contact with the children. DSS also expressed concerns about Mr. and Mrs. M. based on their lack of contact as well as on respondent-mother's reports of abuse by Mrs. M. during her own childhood. Mrs. M. denied these allegations. The court changed the primary permanent plan to termination of parental rights and adoption. The secondary plan remained guardianship with a relative.

On 15 September 2016, DSS filed petitions to terminate respondent-mother's parental rights to Xavier and Sarah on the grounds of neglect, failure to make reasonable progress, and failure to pay a reasonable portion of the children's cost of care. See N.C. Gen. Stat. § 7B-1111(a)(1)-(3) (2017). The petitions were heard on 27 April 2017. At the conclusion of the adjudicatory portion of the hearing, the trial court concluded all of the grounds for termination alleged by DSS existed. The court then proceeded to disposition. Respondent-mother presented the maternal grandmother as a witness and also testified on her own behalf. They testified that placing the children with their maternal grandparents would be best for the children.

On 7 July 2017, the trial court entered orders terminating respondent-mother's parental rights to Xavier and Sarah. The orders concluded that all three grounds for termination existed and that termination was in the children's best interests. Respondent-mother gave timely notice of appeal.

II. Placement With a Relative

In her sole argument on appeal, respondent-mother argues that the trial court abused its discretion by concluding that termination of her parental rights was in her children's best interests. Specifically, respondent-mother contends that the court did not give sufficient weight to the evidence that she had relatives willing to be a placement option for Xavier and Sarah. We disagree.

A. Standard of Review

"After an adjudication that one or more grounds for terminating a parent's rights exist, the court shall determine whether terminating the parent's rights is in the juvenile's best interest." N.C. Gen. Stat. § 7B-1110(a) (2017). "We review the trial court's decision to terminate parental rights for abuse of discretion." In re Anderson , 151 N.C. App. 94, 98, 564 S.E.2d 599, 602 (2002). "The trial court is subject to reversal for abuse of discretion only upon a showing ... that the challenged actions are manifestly unsupported by reason." In re D.W.C., J.A.C. , 205 N.C. App. 266, 271, 698 S.E.2d 79, 83 (2010) (internal quotation marks and citation omitted).

B. Analysis

In deciding whether terminating parental rights is in a juvenile's best interest, the trial court must consider the following criteria and make findings regarding any that are relevant:

(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.

N.C. Gen. Stat. § 7B-1110(a). Dispositional findings are binding on appeal if they are supported by competent evidence. See In re A.H., C.K. , --- N.C. App. ----, ----, 794 S.E.2d 866, 879-80 (2016), disc. rev. denied , 369 N.C. 562, 798 S.E.2d 749 (2017).

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Related

In Re Anderson
564 S.E.2d 599 (Court of Appeals of North Carolina, 2002)
In re: A.H. & C.H.
794 S.E.2d 866 (Court of Appeals of North Carolina, 2016)
In re D.W.C.
698 S.E.2d 79 (Court of Appeals of North Carolina, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
812 S.E.2d 913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-xmc-ncctapp-2018.