In re: A.H.G., O.H.G. ( 2022 )

IN THE COURT OF APPEALS OF NORTH CAROLINA
2022-NCCOA-451
No. COA21-745
Filed 5 July 2022
New Hanover County, Nos. 15 JT 165-66, 19 JT 288
IN THE MATTERS OF:
A.H.G., O.H.G., J.D.H.G.
Appeal by Respondent-Mother from order entered 14 September 2021 by Judge
J.H. Corpening, II, in New Hanover County District Court. Heard in the Court of
Appeals 24 May 2022.
Garron T. Michael for Petitioner-Appellee New Hanover County Department of
Social Services.
Nelson Mullins Riley & Scarborough, LLP, by Carrie A. Hanger, for Guardian
ad Litem.
Parent Defender Wendy C. Sotolongo, by Assistant Parent Defender Jacky
Brammer, for Respondent-Appellant Mother.
INMAN, Judge.
¶1 Respondent-Mother (“Mother”) appeals from an order terminating her
parental rights after her children had been removed from her care and adjudicated
neglected or neglected and dependent on three separate occasions between 6 July
2015 and 25 November 2019. She challenges the trial court’s grounds for
termination, arguing that (1) she had made reasonable progress in correcting the
conditions of neglect which led to her children’s removal, and (2) the record lacked
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clear, cogent, and convincing evidence of a likelihood of future neglect. In addition,
Mother asserts the trial court abused its discretion in determining termination was
in the best interests of the children because it failed to make certain relevant findings.
After careful review of the record, we affirm the order of the trial court.
I. FACTUAL & PROCEDURAL BACKGROUND
¶2 The record below discloses the following:
¶3 On 6 July 2015, the New Hanover County Department of Social Services
(“DSS”) filed petitions alleging Jorge and Oscar,1 then ages three and one,
respectively, were neglected and dependent based, in large part, upon Mother’s
inability to care for her children because of her abuse of alcohol. The trial court placed
the children in nonsecure custody of DSS. On 11 September 2015, the trial court
adjudicated Oscar and Jorge neglected and dependent and determined it was in their
best interest to remain in DSS custody. After conducting a review hearing, on 28
April 2016, the trial court returned legal custody of the children to Mother because
she had demonstrated her ability to provide a safe and stable home, maintained
employment, consistently completed negative drug and alcohol screens, and
participated in weekly individual therapy and Alcoholics Anonymous (“AA”)
meetings.
1 We use pseudonyms to protect the identities of the minor children.
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¶4 On 20 November 2017, DSS filed a second petition alleging Oscar and Jorge
were neglected because of Mother’s inappropriate discipline and continued substance
abuse. The children were again placed in the nonsecure custody of DSS. On 14
February 2018, the trial court adjudicated the children neglected and ordered that
DSS maintain legal custody and placement responsibility for the children. After the
review hearing, on 28 March 2018, the trial court ordered the children to remain in
the custody of DSS.
¶5 Mother’s third child, Angel,2 was born in January 2019. In June 2019, Oscar
and Jorge returned to Mother’s care in a trial home placement. Jorge, who had
previously engaged in sexually inappropriate behavior with Oscar, was no longer
displaying such behavior. Both boys had successfully completed therapy. After a
permanency planning hearing in October 2019 and with the agreement of all parties,
the trial court determined Mother had “demonstrated her ability to provide a safe
and stable home,” “maintained independent housing and verifiable employment,” was
“participating in individual therapy and family therapy,” was “attending Alcoholic
Anonymous meetings,” “maintained her sobriety,” and “all of [the boys] needs are
being met.” As a result, the trial court granted Mother custody of Oscar and Jorge.
¶6 One month later, Mother was present in the room when Oscar and Jorge again
2 Also a pseudonym.
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engaged in sexually inappropriate behavior. In response, she beat both children with
a belt, leaving significant marks and bruises. On 25 November 2019, DSS filed a
third petition alleging all three children, Oscar, Jorge, and Angel, were abused,
neglected, and dependent. An order for nonsecure custody was entered the same day.
On 11 February 2020, the children were adjudicated neglected and dependent. Oscar
and Angel were placed in a foster home together, while Jorge was placed in a separate
foster home because of his sexually inappropriate behavior.3
¶7 Mother entered into a case plan with DSS and agreed to maintain housing and
employment, engage in parent education, submit to random drug and alcohol screens,
and complete a “Comprehensive Clinical Assessment.” She attended 14 out of 20
therapy sessions in 2020, completed the clinical assessment, and participated in AA
meetings. Mother had housing and a job. She remained sober and submitted to
random drug screens. During this time, Mother consistently participated in
supervised visits with her children, “the quality of the visits [] improved,” “the
children [were] respectful towards one another and [Mother],” and Mother “engage[d]
in age and developmentally appropriate play.”
¶8 On 15 March 2021, DSS petitioned to terminate Mother’s parental rights
3 The children’s fathers did not make themselves available to the trial court, DSS, or
the guardian ad litem, enter into a “Family Services Agreement” with DSS, or provide care
or financial support for the children. DSS could not locate an appropriate maternal or
paternal relative willing and able to provide a safe home for the children either.
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pursuant to N.C. Gen. Stat. § 7B-1111(a)(1)-(2) (2021). The petition alleged: (1) the
children had been neglected and there was a likelihood of repetition of neglect, and
(2) the children had been in placement outside the home for more than twelve months
and Mother had not made reasonable progress, under the circumstances, to correct
the conditions which led to removal. The matter came before the juvenile court in
New Hanover County on 12 July, 16 August, and 20 August 2021. Mother, her
therapist, Ana Blaney (“Ms. Blaney”), and a DSS social worker, Samantha Muse (“Ms.
Muse”), testified. Considering the best interests of the children, the trial court
terminated Mother’s parental rights on 14 September 2021. Mother appealed.
II. ANALYSIS
A. Standard of Review
¶9 We review a trial court’s adjudication of abuse, neglect, or dependency to
determine whether there is clear, cogent, and convincing evidence to support the
findings of fact and whether the findings of fact support the conclusions of law. See
In re Z.J.W., 376 N.C. 760, 2021-NCSC-13, ¶14. The clear, cogent, and convincing
evidence standard is “greater than the preponderance of the evidence standard
required in most civil cases.” In re Montgomery, 311 N.C. 101, 109-10, 316 S.E.2d
246, 252 (1984). “Unchallenged findings are deemed to be supported by the evidence
and are binding on appeal.” In re S.C.L.R., 378 N.C. 484, 2021-NCSC-101, ¶ 9
(citation omitted). We review the trial court’s decision to terminate parental rights,
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however, solely for abuse of discretion. In re S.D.C., 2022-NCSC-55, ¶ 11. A trial
court abuses its discretion when its “ruling is manifestly unsupported by reason or is
so arbitrary that it could not have been the result of a reasoned decision.” In re A.A.,
2022-NCSC-66, ¶ 26 (quotation marks and citations omitted).
B. Discussion
1. Evidence supports the trial court’s findings of fact and conclusion
that Mother failed to make reasonable progress to correct the
conditions which led to her children’s removal.
¶ 10 Mother asserts the trial court erred in determining she had not made
reasonable progress on her case plan as a ground for terminating her parental rights.
We disagree.
¶ 11 Pursuant to our General Statutes, the trial court terminated Mother’s parental
rights based on findings that:
(1) The parent has abused or neglected the juvenile. The
juvenile shall be deemed to be abused or neglected if the
court finds the juvenile to be an abused juvenile within the
meaning of G.S. 7B-101 or a neglected juvenile within the
meaning of G.S. 7B-101.
(2) The parent has willfully left the juvenile in foster care
or placement outside the home for more than 12 months
without showing to the satisfaction of the court that
reasonable progress under the circumstances has been
made in correcting those conditions which led to the
removal of the juvenile. No parental rights, however, shall
be terminated for the sole reason that the parents are
unable to care for the juvenile on account of their poverty.
§ 7B-1111(a)(1)-(2). For termination under Subsection 7B-1111(a)(1), a neglected
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juvenile is one whose parent, caretaker, or guardian does any of the following:
a. Does not provide proper care, supervision, or discipline.
b. Has abandoned the juvenile.
c. Has not provided or arranged for the provision of
necessary medical or remedial care.
....
e. Creates or allows to be created a living environment that
is injurious to the juvenile's welfare.
Id. § 7B-101(15).
¶ 12 To adjudicate termination of parental rights pursuant to Subsection 7B-
1111(a)(2), a parent must willfully fail to make reasonable progress under the
circumstances. See In re Z.A.M., 374 N.C. 88, 95, 839 S.E.2d 792, 797 (2020).
“[P]erfection is not required.” In re S.D., 243 N.C. App. 65, 73, 776 S.E.2d 862, 867
(2015). Instead,“[w]illfulness is established when the respondent had the ability to
show reasonable progress, but was unwilling to make the effort.” In re McMillon, 143
N.C. App. 402, 410, 546 S.E.2d 169, 175 (2001). We evaluate the “nature and extent”
of the parent’s reasonable progress “for the duration leading up to the hearing on the
motion or petition to terminate parental rights.” In re A.C.F., 176 N.C. App. 520, 528,
626 S.E.2d 729, 735 (2006).
¶ 13 Here, in a disposition order from February 2020, the trial court ordered Mother
to comply with her case plan and complete a clinical assessment, follow the
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corresponding recommendations, submit to random drug screens, engage in
parenting classes, and maintain housing and employment. Mother argues she
completed or made progress on each element and she challenges several findings of
fact related to her case plan progress as unsupported by clear, cogent, and convincing
evidence. We address them, categorically, in turn.
a. Therapy and Parenting Education
¶ 14 First, Mother challenges several findings about her participation in therapy
and parenting education classes:
15. In January 2020, weekly individual counseling
for [Mother] was recommended in order to address
depression and anxiety symptoms.
16. [Mother] failed to consistently participate in
weekly therapy with Ana Blaney at Clinica Latina as
recommended. Due to the COVID-19 pandemic, [Mother]
attended some therapy sessions in person and some via
telephone or virtually, but she lacked consistency.
[Mother] cited sickness, employment and transportation as
barriers to allowing her to attend sessions. She attended
eleven telephonic sessions, five in-person sessions and two
telehealth visits. Sessions typically lasted fifty to sixty
minutes.
17. [DSS] contracted with Sheryl Ewing of Family
Support Network to evaluate [Mother]’s parenting abilities
and attempt to address issues in one-on-one sessions. Ms.
Ewing’s evaluation recommended that a higher level of
parenting education was necessary for [Mother]. Ms.
Ewing uses Triple P Positive Parenting training
techniques in group and individual sessions which focuses
more on basic parenting skills. The training and education
she typically provides does not reach the level required to
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assist [Mother].
18. There are no parenting courses available in New
Hanover County or the surrounding counties that would be
able to meet the intensive needs of [Mother]. She requires
significant individual therapy in order to identify child
sexual abuse and learn to accept her children’s prior sexual
abuse and trauma and how to address it.
....
27. Ana Blaney’s last appointment with [Mother]
occurred on April 19, 2021. [Mother] communicated plans
to seek an alternate provider, however, she never
scheduled sessions with another provider.
¶ 15 We agree with Mother that a portion of Finding 15 is unsupported by the
evidence because Mother and Ms. Blaney did not discuss weekly therapy
appointments until November 2020 as opposed to January 2020. We thus disregard
that portion of the finding. See In re R.G.L., 379 N.C. 452, 2021-NCSC-155, ¶ 25
(citations omitted). The remainder of the finding is supported by Ms. Blaney’s
testimony about Mother’s mental health diagnosis.
¶ 16 Similarly, Mother challenges Finding of Fact 16, that Mother failed to
consistently participate in weekly therapy. Ms. Blaney’s testimony indicates Mother
made same-day cancellations for an appointment in December 2020 and January
2021, and she cancelled or failed to attend two appointments in February 2021. At
the date of the termination hearing on 12 July 2021, Mother had not attended
therapy, virtual or otherwise, since 19 April 2021, in part because she was sick with
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COVID-19. Ms. Blaney also testified that Mother participated in 18 sessions total.
This finding is supported by clear, cogent, and convincing evidence.
¶ 17 Finding of Fact 17, regarding the lack of parental education resources for
Mother in her native language, is entirely supported by testimony from the DSS social
worker. Mother contends this finding cannot support a willful failure to make
reasonable progress because she was without adequate parenting classes and had no
opportunity to learn. Yet, the record also reveals Mother’s therapist, Ms. Blaney,
attempted to address Mother’s parenting needs in her individual therapy sessions.
¶ 18 Finding of Fact 18 is also supported by the evidence. Ms. Blaney testified
Mother never disclosed or acknowledged that Jorge and Oscar had been sexually
abused, despite their discussions about her sons’ sexually inappropriate behaviors.
Ms. Blaney testified acknowledging the abuse was “absolutely” important to Mother’s
treatment. Ms. Muse testified that before Mother went to Ms. Blaney for individual
therapy, DSS engaged Sheryl Ewing with Family Support Network to evaluate
Mother, and she determined the “Triple P” parenting program was not “intensive
enough” for Mother. Ms. Muse further testified that during a supervised visitation
in April 2021, Oscar pulled down his pants close to Jorge’s face to show him his
underwear while Mother was in the room. Mother did not notice because she was
preoccupied with Angel, so Ms. Muse had to intervene. Ms. Muse attempted to
educate Mother that those behaviors are indicators of child abuse, but Mother
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“continuously denie[d] that anything happened to her children or that these issues
are of concern.”
¶ 19 Finally, Mother asserts, contrary to Finding of Fact 27, that she had a therapy
appointment scheduled with a different therapist in April 2021. Ms. Blaney’s
testimony reveals Mother had scheduled an appointment with another provider at
their office but had not yet “seen anyone else.” Even if Mother had scheduled an
appointment with another provider, she had not attended any therapy sessions in the
months leading up to the termination hearing. There is clear and convincing evidence
Mother’s last therapy appointment was in April 2021.
b. Visits with Children
¶ 20 Next, Mother challenges several findings about her visits with her children
while they were in DSS custody:
20. In the summer of 2020, visits between the
children and [Mother] became increasingly problematic.
[Mother] repeatedly reported to Ana Blaney that her visits
with the boys went well and occurred without incident. She
failed to share completely accurate information with Ms.
Blaney, and [DSS] had to intervene. [Mother] frequently
struggled to command any respect from the children,
struggled with discipline and redirection and exhibited
difficulty with supervising all three children at one time.
On August 13, 2020, Social Worker Samantha Muse
started contacting Ms. Blaney consistently to report issues
in the visits so that Ms. Blaney could process with [Mother]
during her sessions and work on techniques to improve
visits. [Mother] appeared to understand the issues during
her sessions with Ms. Blaney, however, her visits failed to
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improve.
....
32. [Mother] is offered weekly supervised visits with
the children. A Spanish interpreter is provided as [Mother]
speaks Spanish, and the children have lost their ability to
speak Spanish and only speak English. Initially, [Mother]
was consistent with visits. Since the primary plan changed
to adoption in February 2021, she has not been consistent
with visits and does not participate weekly. During most
visits, she spends the majority of her time with [Angel],
while [Jorge] and [Oscar] play amongst themselves. She is
not able to appropriately supervise all three children in the
visitation room. Her attempts at discipline are not
effective as the children ignore her. The social worker
frequently has to intervene in visits to ensure safety and to
discourage inappropriate behavior from the children.
33. During a visit in April 2021, Social Worker
Samantha Muse had to intervene during a visit when
[Oscar] pulled down his pants to show [Jorge] his
underwear. [Mother] did not see [Oscar] pull his pants
down in front of [Jorge]’s face, and she failed to react until
Ms. Muse entered the visitation room. She verbally
addressed [Oscar] to instruct him to stop, however, she did
not follow through to ensure that he stopped. When Ms.
Muse tried to address the issue with [Mother] afterwards,
[Mother] refused to address the issue and continually
denied her children have suffered any sexual abuse.
34. [Mother] does have basic parenting skills such as
diaper changing and bottle feeding. When asked to stop
bringing sugary drinks and food to the visits because it
adversely affects the boys’ behaviors and contributes to
[Oscar]’s significant tooth decay, she failed to grasp the
issue and continued providing the same snacks.
35. [Jorge], [Oscar], and [Angel] are very rough with
one another during play and need to be supervised well to
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avoid one harming another. They do not take direction
from their mother when she verbally redirects them. The
social worker intervenes frequently to redirect the
children, and they are responsive to her instruction.
36. [Mother] cannot effectively and safely parent the
Juveniles without direct and consistent intervention by the
Department. [Jorge] and [Oscar] have been in foster care
three times. [Angel] has been involved in an ongoing
treatment case and one foster care case in his life. [DSS]
has been a constant in their lives for many years and has
provided services outside of foster care involvement
through investigations and ongoing treatment services.
¶ 21 Mother concedes, as the trial court determined in Finding of Fact 20, that her
visits with the children were “not going well in the summer of 2020” and the “DSS
court report from the time corroborates this.” The DSS social worker’s testimony
supports the trial court’s remaining findings of fact about visitation. Regarding
Oscar’s dental health, Ms. Muse testified, during one visit, Mother ignored her
instruction not to give Oscar a Coca-Cola at 8:30 a.m. because he previously had
significant tooth decay. Ms. Muse detailed the visitation in which Oscar pulled his
pants down in Jorge’s face to show him his underwear. She further testified Mother
had “extreme difficulty in visitations” and that she had to intervene “due to the
children playing very rough with one another and not taking direction from Mom.
Each visitation that the children have with [Mother], I do end up entering the
visitation room[.]”
¶ 22 The challenged findings are supported by clear and convincing evidence and
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support the trial court’s determination that Mother did not make willful progress on
her case plan while the children were in DSS custody.
c. Mother’s Housing
¶ 23 Mother asserts Finding of Fact 31 cannot serve as a basis for termination by
willful failure to make progress. That finding provides:
31. [Mother] has maintained a home consistently
throughout this case. She currently resides in a two-
bedroom, one-bathroom home in Wilmington, North
Carolina. Her home is always clean and tidy. She does not
have adequate sleeping space for the children to have their
own private space. Separate and distinct space is needed
for each child to ensure appropriate boundaries given the
history of sexual contact between the children. [Mother]
has no realistic plan of how she would provide appropriate
space and supervision in the home to prevent further
sexual contact between the children.
¶ 24 Our General Assembly has made clear “[n]o parental rights . . . shall be
terminated for the sole reason that the parents are unable to care for the juvenile on
account of their poverty.” § 7B-1111(a)(2). We recognize the immense challenge
Mother faces in securing appropriate housing for her three children as a single
mother even under ideal circumstances. Although Mother faced financial difficulties,
the trial court’s order reveals poverty did not serve as the “sole reason” for the
termination of her parental rights. Id.; see also In re N.K., 375 N.C. 805, 816, 851
S.E.2d 321, 330 (2020) (“[A] careful analysis of the record shows that respondent-
mother’s inability to care for [her child] did not stem solely from her poverty.”). The
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trial court’s determination that Mother failed to make willful progress on her case
plan “resulted from a combination of factors,” N.K., 375 N.C. at 816, 851 S.E.2d at
330, including Mother’s failure to properly discipline her children, her inability to
manage their sexual behaviors, and her inconsistent participation in therapy. Thus,
we leave the trial court’s finding undisturbed.
d. Drug and Alcohol Screens
¶ 25 Mother concedes Finding of Fact 14 “is supported by the [social worker’s]
testimony,” but she claims the trial court’s finding “omits important information” that
she provided negative drug screens on 6 November and 4 December 2020. The trial
court found:
14. On May 19, 2020, June 10, 2020, and June 17,
2020, [Mother] failed to submit to random drug screens as
requested by the Department. On November 5, 2020, she
failed to show for a random drug screen as requested, but
she did offer to go on November 6, 2020 if she could arrange
transportation. No screen was requested on November 6,
2020 as it would not be random. She failed to submit to a
random drug screen as requested on December 3, 2020, but
she offered to submit on December 4, 2020 if she could
arrange transportation. No screen was requested on
December 4, 2020 as it would not be random. On May 21,
2021, [Mother] failed to submit to a screen as requested.
[Mother] did submit to some random drug screens as
requested, and the results were always negative. She
submitted to a urine and hair drug screen in June 2021
with negative results. Social Worker Samantha Muse
never witnessed [Mother] under the influence and never
saw evidence of alcohol use in the home. Additionally, Ana
Blaney never reported any concerns about [Mother]
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relapsing.
¶ 26 The “trial court need not make a finding as to every fact which arises from the
evidence; rather, the [trial] court need only find those facts which are material to the
resolution of the dispute.” In re M.S.E., 378 N.C. 40, 2021-NCSC-76, ¶ 31 (quotation
marks and citation omitted). The trial court made material findings necessary to its
termination decision––that Mother always tested negative on drug screens she
submitted, that she failed to submit some screens, and that neither Ms. Muse nor Ms.
Blaney had concerns about her sobriety. Despite Mother’s contention, the trial court
was not required to further detail the results of every rescheduled test. See id.e. Children’s Sexually Inappropriate Behavior
¶ 27 Mother argues the following findings about her children’s sexually
inappropriate behavior are also unsupported by clear, cogent, and convincing
evidence:
21. Several years ago, a man named Jonathan
touched [Oscar]’s privates over his clothes. [Mother]
rented a room in the same house where Jonathan resided.
[Mother] reported that Jonathan was just curious about
little children, but she told him to stop [sic] [Oscar]. She
failed to report the incident to law enforcement or [DSS].
22. Subsequently, Jonathan touched [Oscar]’s
privates again, and it was witnessed by Jonathan’s wife.
Again, [Mother] failed to report to law enforcement or
[DSS]. She threatened to sue Jonathan if he touched her
child again. Prior to this date, she has consistently
maintained that none of her children were sexually abused,
and her testimony in this hearing is the first time she has
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admitted any child sexual abuse. She was unable or
unwilling to provide further details about Jonathan.
23. [Mother] has always been reluctant to discuss
the allegations of child sexual abuse of [Jorge] and [Oscar].
Sexual abuse symptoms were exhibited in the last foster
care case when [Jorge] sexually perpetrated against
[Oscar]. [Mother] was aware of the issues and did not
ensure adequate supervision which is what ultimately led
to the children’s removal in November 2019. It has been
difficult to address the sexual trauma the boys suffered
because [Mother] consistently denies any inappropriate
contact between adults and the Juveniles and any
inappropriate contact between the Juveniles other than the
incident in November 2019. [Ms.] Blaney spent many
sessions addressing [Mother’s] cultural beliefs about
sexuality, discipline and parenting. [Mother] never
admitted to Ms. Blaney that the boys had been sexually
abused. Her failure to acknowledge the abuse prevents her
ability to effectuate positive change in parenting
techniques. Safety cannot be ensured when the proposed
protective parent does not believe child sexual abuse
occurred.
¶ 28 Specifically, Mother argues these findings “indicate [Mother] never mentioned
a man attempting to perpetrate on her children before [the hearing] or [Mother]’s
unwillingness to discuss it[.]” She misinterprets the trial court’s findings. It is
undisputed that the children’s sexual behavior was reported to DSS as early as
December 2017 and that Mother disclosed to DSS in early 2018 that a male roommate
had touched Oscar’s and Jorge’s penises. Instead, the trial court determined that,
prior to the termination hearing, Mother “consistently maintained that none of her
children were sexually abused, and her testimony in this hearing is the first time she
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has admitted any child sexual abuse.” Mother does not otherwise challenge the
substance of these findings and all three findings are supported by the collective
testimony of Ms. Blaney, Ms. Muse, and Mother. As we have discussed, Mother’s
failure to acknowledge her children’s sexual abuse supports the trial court’s
conclusion that Mother failed to make reasonable progress in the therapy and
parenting components of her case plan.
f. Reasonable Progress
¶ 29 Our Supreme Court has not clearly defined what constitutes “reasonable
progress,” but, for purposes of ceasing reunification efforts, it has held it to be
something more than “some progress.” In re J.H., 373 N.C. 264, 268-70, 837 S.E.2d
847, 850-52 (2020). “A [parent]’s prolonged inability to improve her situation, despite
some efforts in that direction, will support a finding of willfulness regardless of her
good intentions, and will support a finding of lack of progress sufficient to warrant
termination of parental rights under [Sub]section 7B-1111(a)(2).” In re J.S., 374 N.C.
811, 815, 845 S.E.2d 66, 71 (2020) (cleaned up) (emphasis added).
¶ 30 Disregarding any finding made in error, see R.G.L., ¶ 25, we hold there is clear,
cogent, and convincing evidence to support the findings Mother challenges. See
Z.J.W., ¶ 14. Mother has made some effort to improve her situation and has made
some progress on her case plan. Yet, in the months immediately before the
termination hearing, A.C.F., 176 N.C. App. at 528, 626 S.E.2d at 735, Mother
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inconsistently engaged in individual therapy, failed to acknowledge her children’s
sexual abuse, demonstrated little growth in effectively disciplining her children, and
had no plan to maintain safe boundaries at home to manage her children’s
inappropriate sexual behavior. We affirm the trial court’s conclusion that Mother
willfully failed to make reasonable progress, given the circumstances, to correct the
conditions which led to her children’s removal to warrant termination of her parental
rights under Subsection 7B-1111(a)(2).
2. The trial court appropriately concluded there was a likelihood of
future neglect of the children.
¶ 31 Mother contends the trial court erred in concluding there was a likelihood of
future neglect of the children because she “substantially complied with her case plan,
remedied removal conditions within her control, and DSS did not present clear and
convincing evidence of a likelihood of future neglect.” We are unpersuaded.
¶ 32 The likelihood of future neglect may be based on a parent’s history of neglect
and willful failure to complete a case plan. In re M.J.S.M., 257 N.C. App. 633, 637-39,
810 S.E.2d 370, 373-74 (2018). In terminations based on neglect, pursuant to
Subsection 7B-1111(a)(1), where the children have been removed from the parent’s
custody, the trial court must consider any evidence of changed conditions since the
prior neglect and the probability of a repetition of neglect. In re C.N., 266 N.C. App.
463, 466-67, 831 S.E.2d 878, 881 (2019). “[P]arental rights may nonetheless be
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terminated if there is a showing of a past adjudication of neglect and the trial court
finds by clear and convincing evidence a probability of repetition of neglect if the
juvenile were returned to her parents.” In re Reyes, 136 N.C. App. 812, 815, 526
S.E.2d 499, 501 (2000) (citation omitted). “Failure to make progress must be viewed
by the actions and attempts of parents within their abilities and means, considering
their resources or lack thereof and the priority for their securing their basic
necessities of life.” C.N., 266 N.C. App. at 469, 831 S.E.2d at 882 (citation omitted).
¶ 33 Here, the trial court concluded “there is a high probability that the neglect will
continue in the foreseeable future.” After the children were removed from Mother’s
care and adjudicated dependent and/or neglected on three separate occasions, at the
time of the termination of parental rights hearing, Mother: (1) participated in therapy
inconsistently; (2) was unable to appropriately discipline her children; and (3) failed
to develop and implement a plan to properly supervise her children in her home given
their inappropriate sexual behavior. Following our caselaw and our holding above,
Mother’s willful failure to complete her case plan supports the trial court’s conclusion
of a likelihood of future neglect. See M.J.S.M., 257 N.C. App. at 637-39, 810 S.E.2d
at 373-74. We hold the trial court did not err in concluding there was a “probability
of repetition of neglect if the [children] were returned to [Mother].” Reyes, 136 N.C.
App. at 815, 526 S.E.2d at 501 (citation omitted).
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3. The trial court did not abuse its discretion in concluding termination
of Mother’s parental rights was in the best interest of the children.
¶ 34 Lastly, Mother argues the trial court abused its discretion in concluding
termination was in the best interest of the children because it failed to make relevant
findings. In particular, Mother contends the trial court was required to make
findings about the lack of Spanish-language services available to her and her children
as well as the termination’s impact on the children’s loss of culture. The trial court
did not abuse its discretion.
¶ 35 We review a trial court’s decision to terminate parental rights for abuse of
discretion. In re Z.L.W., 372 N.C. 432, 435, 831 S.E.2d 62, 64 (2019) (citations
omitted).
¶ 36 After adjudicating at least one ground for terminating a parent’s rights, the
trial court
shall consider the following criteria and make written
findings regarding the following 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.
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(6) Any relevant consideration.
N.C. Gen. Stat. § 7B-1110(a)(1)-(6) (2021) (emphasis added). While a trial court must
consider each factor in Subsection 7B-1110(a), the “statute does not, however,
explicitly require written findings as to each factor.” In re A.U.D., 373 N.C. 3, 10, 832
S.E.2d 698, 702-03 (2019).
¶ 37 Assuming language and culture are included in the catchall “any relevant
consideration” of Subsection 7B-1110(a)(6), we are satisfied the trial court considered
these factors in concluding terminating Mother’s parental rights was in the best
interest of the children. In fact, the trial court made written findings about the
language and cultural challenges: (1) “[Oscar] is frequently frustrated by the
language barrier and his inability to easily communicate with his mother;” (2) DSS
conducted a home study with a Spanish-speaking family friend in hopes of placing
the children with them; and (3) “[Dr.] Blaney provided parenting education for
[Mother] to allow for one-on-one instruction in Spanish.”
¶ 38 Mother compares this case to In re A.H., No. COA15-1177, 2016 WL 2865063,
at *3 (N.C. Ct. App. May 17, 2016) (unpublished), in which this Court remanded the
trial court’s best interest decision for additional findings about how the children’s
placement with their father, who had been recently deported to Mexico, would affect
their welfare because they did not know the language or culture. That case is
factually inapposite and not binding on our decision today. See N.C. R. App. P. 30(e)
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(2022) (“An unpublished decision of the North Carolina Court of Appeals does not
constitute controlling legal authority.”).
¶ 39 Mother has failed to demonstrate the trial court abused its discretion in its
best interest determination.
III. CONCLUSION
¶ 40 Based on the foregoing reasons, we affirm the order of the trial court.
AFFIRMED.
Judges ZACHARY and JACKSON concur.