In re: K.N. & K.N. ( 2023 )

IN THE COURT OF APPEALS OF NORTH CAROLINA
No. COA23-296
Filed 19 December 2023
Forsyth County, Nos. 18JT220, 18JT221
IN THE MATTER OF: K.N. K.N.
Appeal by defendant from judgment entered 21 December 2022 by Judge
Theodore Kazakos in Forsyth County District Court. Heard in the Court of Appeals
1 November 2023.
Office of the Parent Defender, by Assistant Parent Defender Jacky L. Brammer,
for the respondent-appellant.
Forsyth County Department of Social Services, by Melissa Starr Livesay, for the
petitioner-appellee.
Manning Fulton & Skinner P.A., by Michael S. Harrell, for guardian ad litem.
TYSON, Judge.
Respondent Mother (“Respondent”) appeals from an order entered on 21
December 2022, which terminated her parental rights to two of her children. We
affirm.
I. Background
Respondent is the biological mother of Karen and Karl, who were twelve and
eleven years old respectively when Respondent’s parental rights were terminated on
21 December 2022. See N.C. R. App. P. 42(b) (pseudonyms used to protect the identity
of minors). Mother struggles to effectively manage her Bipolar Disorder condition,
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Opinion of the Court
which the court found has negatively impacted her ability to parent and her
relationships with her children.
Karen and Karl were removed from Respondent’s home on 8 November 2018.
The order terminating Respondent’s parental rights was entered 21 December 2022
and summarized incidents surrounding the initial investigation of Respondent by the
Forsyth County Department of Social Services (“DSS”):
FCDSS received a Child Protective Services Report
on April 26, 2018 alleging the inappropriate discipline of
the minor child [Karen].
On July 12, 2018, FCDSS received a second report
after [Karen] was seen running from the home in her
underwear bleeding from the head.
On July 12, 2018, an FCDSS Social Worker
interviewed [Karen], [Karl], and their sibling [Matthew].
The children reported that [Respondent] had beaten them
with a phone charger as punishment for [Matthew] having
eaten all the cookies. [Karen] reported that [Respondent]
had hit her in the face, arm, and back, punched her in the
lip, and thrown her against a wall. [Karen] stated that
[Respondent] had turned the shower on hot and was going
to make her get in so [Respondent] could strike her while
the water was running. [Karen] reported this was not the
first time she and her siblings had been spanked while in
the shower. [Karen] ran from the home to avoid this
punishment. [Karl] and [Matthew] stated they saw
[Karen] running out the door because she did not want to
get beat [sic] in the hot shower. [Karl] stated a lady saw
[Respondent] beating [Karen] and contacted law
enforcement. [Karl] and [Matthew] stated [Respondent]
had kicked[,] smacked, punched, and dragged [Karen] on
the ground by the foot back to the apartment. [Karl] and
[Matthew] told [Respondent] they ate the cookies, and
[Respondent] assaulted them with the phone charger chord
[sic] as a result.
The Social Worker observed injuries on all three
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children, to include welts and broken skin on the backs of
all three children, welts on [Karen]’s arms and chest and
bleeding marks, and welts on [Karl]’s back and chest as
well as old/healed marks on his back.
On July 13, 2018, an FCDSS Social Worker spoke
with [Respondent], who stated that her medication for
Bipolar Disorder was not getting her in the right place
mentally and leaves her very tired. [Respondent] admitted
that she physically beat and assaulted [Karen], [Karl], and
[Matthew] and had been criminally charged with three
counts of misdemeanor child abuse.
In August 2018, [Respondent] was referred to In
Home Services. [Respondent] was asked to comply with
Intensive In Home Services through Family Preservation
Services, comply with mental health treatment through
Monarch, and ensure that the children received trauma
assessments for mental health therapy. [Respondent]
failed to comply with Family Preservation Services, and
the organization discontinued services and closed its case.
On November 8, 2018, [Respondent] was convicted
of three counts of misdemeanor child abuse and
incarcerated at the Forsyth County Jail. [Respondent]
requested that the children be placed with a neighbor.
However, that placement did not occur and [Respondent]
did not have alternative child care arrangements for [Karl]
or [Karen]. [Matthew]’s father picked the child up and took
him to Erie, Pennsylvania.
The Mother had prior child protective services
history dating back to 2015 for allegations of improper care
and improper discipline.
At the time of the Adjudication, [Karen’s and Karl’s
Father] was incarcerated through the Somerset,
Pennsylvania Department of Corrections.
The first adjudication and disposition hearing was held on 1 February 2019,
wherein the trial court adjudicated Karen and Karl as abused, neglected, and
dependent juveniles, with the order entered on 1 March 2019. Respondent was
required to complete the following tasks to achieve reunification with her children:
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(1) “[c]omplete a Family Service Agreement and visitation plan with FCDSS,” (2)
“[c]omplete a Parenting Capacity Assessment/Psychological Evaluation and follow all
recommendations[,]” (3) “[c]omplete parenting classes at [ ] Parenting Path, PACT,
or another approved program[,]” (4) [o]btain and maintain stable housing[,]” and, (5)
“[d]emonstrate the ability to meet the basic and therapeutic needs of the children.”
Several permanency planning hearings were held between the initial
adjudication and the hearing terminating Respondent’s parental rights. Respondent
completed the parenting assessment. Respondent’s case plan also required her to
complete the following recommendations, as were identified in the termination order:
29. The recommendations of the Respondent Mother’s
Parenting Capacity Evaluation which was completed on or
about May 14, 2019 by Dr. Bennett, were adopted and
ordered by the Court as part of [Respondent]’s case plan.
The Respondent Mother was therefore also required to:
a. Re-engage with Monarch, keep appointments as
scheduled, and take medications as prescribed.
[Respondent] was encouraged to contact Monarch as
they have funding which allows them to treat
individuals like [Respondent], who do not have
insurance or financial resources.
b. Work with a counselor to help her review and
challenge her irrational and distorted thinking so
that she can begin to stabilize her life. Dr. Bennett
believed cognitive approaches including rational
emotive therapy would be effective models for
working with [Respondent].
c. Participate in parenting classes to learn more
appropriate skills to respond to her children in a
manner that is less aggressive and more effective.
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d. Work with FCDSS and others with the goal of
stabilizing her environment in terms of housing and
finances.
e. Work to expand her support network, which
should include challenging some of her distorted
beliefs about how she should never lean on anyone
else.
f. Attend the COOL program to help manage her
aggressive impulses.
g. Complete random drug testing, with no-shows or
refusals being counted as positive tests.
30. As reflected by the Permanency Planning Hearing from
June 12, 2020, the order from which was filed on July 6,
2020, the Court also required [Respondent] to participate
in the WISH program and substance abuse treatment.
31. Additionally, following a Permanency Planning
Hearing from a hearing occurring on December 12, 2020,
January 6, 2021, and March 3, 2021, the order from which
was the order entered April 15, 2021, the Court required
the Respondent Mother to:
a. Engage in all of [Karen]’s treatment team
meetings and provide information as requested by
the team. However, there shall be no direct contact
between [Respondent] and [Karen] unless [Karen]’s
therapeutic providers determine it to be beneficial
for the minor child.
b. Sign release of information forms that allow
[Karen]’s therapeutic treatment team to obtain
[Respondent]’s treatment records from WISH,
Monarch, and COOL.
A Motion to Terminate Parental Rights was filed against Respondent on 16
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June 2021, citing the grounds in N.C. Gen. Stat. § 7B-1111(a)(1), (a)(2), (a)(3), and
(a)(6). Termination of parental rights hearings were held over four months on 18 July
2022, 1 August 2022, 1 September 2022, and 19 October 2022. The court made
extensive findings of fact following the admission of numerous pieces of evidence and
the testimony of several witnesses.
The trial court’s order found the following: (1) Respondent was pregnant; (2)
Respondent was “not receptive” to Cognitive Behavioral Therapy, as required by her
case plan; (3) Respondent had terminated her treatment with her therapist; (4)
Respondent had not consistently taken her Bipolar Disorder medication throughout
the life of the case; (5) Respondent was “not currently taking mental health
medication, and [wa]s unlikely to be able to do so for some period of time up to and
after the baby’s birth”; and (6) Respondent picked up her son, Matthew, from
Pennsylvania, which was concerning because DSS’ investigation in 2018 revealed
Respondent had “allowed [Matthew] to take part in the over-discipline of [Karl] and
[Karen] and that [Matthew] choked and beat up his sister [Karen].”
The court adopted several findings of fact from previous permanency planning
orders, which were entered on 1 March 2019, 6 July 2020, 15 April 2021, 18 July
2021, and 18 July 2022. The court entered the final order terminating Respondent’s
parental rights on 21 December 2022.
Based upon the evidence presented at the termination of parental rights
hearings and the incorporated findings and conclusions contained in the previous
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permanency planning orders, Respondent’s parental rights to Karen and Karl were
terminated for abuse, neglect, and for leaving her children in custody for more than
twelve months without making reasonable progress towards correcting the
circumstances that caused the children’s removal pursuant to N.C. Gen. Stat. § 7B-
1111(a)(1) and (2) (2021).
The trial court held termination of parental rights pursuant to the grounds in
N.C. Gen. Stat. § 7B-1111(a)(3) and (a)(6) had not been adequately proven, and it
dismissed those grounds as a basis to terminate Respondent’s parental rights.
The trial court explained its reasoning in the following findings of fact:
120. Based upon a showing of clear, cogent, and convincing
evidence, grounds have been proven to terminate the
parental rights of the Respondent Mother [ ] in and to the
minor children pursuant to NCGS § 7B-1111(a)(1), the
ground of abuse. [Respondent] created a substantial risk
of serious physical injury to the children by other than
accidental means through the practice of “whooping” the
children with cords in the running shower, which resulted
in injuries including bleeding welts on the children’s
bodies. Further, [Respondent]’s conduct constituted cruel
and grossly inappropriate procedures for the modification
of the children’s behavior.
121. Based upon a showing of clear, cogent, and convincing
evidence, grounds have been proven to terminate the
parental rights of the Respondent Mother [ ] in and to the
minor children pursuant to NCGS § 7B-1111(a)(1), the
ground of neglect. [Respondent]’s mental health was a
contributing factor to the circumstances surrounding the
children’s removal and adjudication as abused and
neglected juveniles. [Respondent] has not consistently
engaged in mental health treatment during the 41 months
since Disposition. She has been non-compliant with
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mental health medication and [ ] cannot currently take her
medication as prescribed. [Respondent] has expressed
distrust of treatment providers and terminated a long-term
therapeutic relationship with Ms. Connelly when Ms.
Connelly sought to move forward in therapy. [Respondent]
has recently voiced that she did not feel she had learned
anything useful during her therapy. Based upon her
demeanor during her testimony, [Respondent] either fails
to appreciate the serious nature of her conduct in abusing
and neglecting the children or she wishes to move on and
regard this as all past while her children continue to
struggle with the traumatic consequences of her actions.
Additionally, [Respondent] has not achieved stability with
regard to her household and overall circumstances.
[Respondent] has suddenly returned her older son,
[Matthew], to her home, is expecting a baby in the near
future, and has a newly obtained house and job. Based
upon all of the foregoing, the likelihood that the children
would be neglected if returned to her care is high.
122. Based upon a showing of clear, cogent, and convincing
evidence, grounds have been proven to terminate the
parental rights of the Respondent Mother [ ] in and to the
minor children pursuant to NCGS § 7B-1111(a)(2), the
ground that she has willfully left the minor children in
custody for more than 12 months without showing to the
satisfaction of the Court that she has made reasonable
progress towards correcting the circumstances that caused
the children’s removal. [Respondent] has participated to a
degree in therapy, but when her therapist Ms. Connelly
sought to progress in treatment, [Respondent] chose to
terminate a 4-year therapeutic relationship. When
[Respondent] was confronted by information she disliked
in conversation with Social Worker Baker or others, she did
not respond well. [Respondent] opted to terminate her
involvement with WISH, despite her acknowledged use of
marijuana at that time, because she did not trust the
counselor. These facts show that [Respondent] may have
engaged in services to a degree, but a meaningful change
in the circumstances that caused or contributed to the
children’s removal has not occurred. [Respondent] has not
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adequately prepared herself to meet the mental and
emotional health needs of her children, nor has she created
the stable living environment which has proven beneficial
to both children.
The trial court also concluded: “Pursuant to NCGS § 7B-1110, it is in the best
interests of the minor children that the parental rights of [ ] Respondent[ ] [Mother
and Father] be terminated so that the minor children’s primary permanent plan of
adoption can move forward.” Respondent filed a timely notice of appeal. Karen’s and
Karl’s biological father, whose rights were also terminated, does not appeal the trial
court’s order. The order is final as it relates to his parental rights.
II. Jurisdiction
Jurisdiction lies in this Court pursuant to N.C. Gen. Stat. §§ 7A-27(b) and 7B-
1001(a)(7) (2021).
III. Issues
Respondent challenges several findings of fact and argues those findings of fact
are not supported by clear, cogent, and convincing evidence. She argues without
those findings of fact, the trial court’s termination of her parental rights pursuant to
N.C. Gen. Stat. § 7B-1111(a)(1) and (2) cannot be supported by the remaining findings
of fact.
Respondent lastly asserts the trial court abused its discretion by terminating
her parental rights to Karen and Karl, because termination was not in either of their
best interests.
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IV. Challenged Findings of Fact
Respondent argues several findings of fact were not supported by, or are
contrary to, the evidence presented at the hearing. She challenges the findings of
fact regarding: (1) the period of time Respondent was compliant versus noncompliant
with her case plan from the time the children were taken away in 2018 to the hearings
held in 2022; (2) Respondent’s feelings and attitude towards therapy and her
progress; (3) Respondent’s compliance and diligence with taking the medication to
treat her Bipolar Disorder; (4) Respondent’s involvement with Karen’s mental health
treatment; (5) the validity of Mother’s healthcare plan; (6) the description of
Matthew’s return to Respondent’s home as “sudden”; (7) Respondent’s reactions when
confronted with information she disliked; (8) her decision to stop attending substance
abuse classes given her negative drug screenings; and, (9) the trial court’s concerns
regarding Respondent’s stability.
A. Standard of Review
“We review a trial court’s adjudication [to terminate parental rights] under
N.C.G.S. § 7B-1111 to determine whether the findings are supported by clear, cogent
and convincing evidence and the findings support the conclusions of law.” In re
E.H.P., 372 N.C. 388, 392, 831 S.E.2d 49, 52 (2019) (citation and quotation marks
omitted). “The trial court’s supported findings are deemed conclusive even if the
record contains evidence that would support a contrary finding.” In re L.D., 380 N.C.
766, 770, 869 S.E.2d 667, 671 (2022) (citation and quotation marks omitted).
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Unchallenged findings of fact are presumed to be supported by sufficient
evidence and are binding on appeal. Koufman v. Koufman, 330 N.C. 93, 97, 408
S.E.2d 729, 731 (1991) (“Where no exception is taken to a finding of fact by the trial
court, the finding is presumed to be supported by competent evidence and is binding
on appeal.” (citations omitted)).
B. Analysis
In a termination of parental rights hearing, “[t]he burden in such proceedings
shall be upon the petitioner or movant and all findings of fact shall be based on clear,
cogent, and convincing evidence.” N.C. Gen. Stat. § 7B-1109(f) (2021). When a
challenged finding of fact is not necessary to support a trial court’s conclusions, those
findings “need not be reviewed on appeal.” See In re C.J., 373 N.C. 260, 262, 837
S.E.2d 859, 860 (2020) (citation omitted).
Here, properly-admitted testimony and other relevant and substantial
evidence in the record exists to support each of the legally-necessary findings of fact
Respondent challenges on appeal. In re E.H.P., 372 N.C. at 392, 831 S.E.2d at 52; In
re L.D., 380 N.C. at 770, 869 S.E.2d at 671. Respondent’s arguments challenging
several of the trial court’s findings of facts are without merit.
Respondent also argues several of the findings of fact she challenges are based
upon judicially-noticed facts from prior orders. Respondent relies upon the reasoning
in In re T.N.H., 372 N.C. 403, 831 S.E.2d 54 (2019), and argues judicially-noticed
evidence may only support a finding of fact in a current order when it is supported by
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new evidence received at the adjudicatory hearing.
While a trial court “may not rely solely” on judicially-noticed evidence from
prior hearings or rely on evidence from “prior dispositional orders, which have a lower
standard of proof[,]” a trial court may use testimony from former hearings to
corroborate additional testimony received at the current adjudicatory hearing. Id. at
410, 831 S.E.2d at 60 (emphasis supplied) (citations omitted). A trial court “must
receive some oral testimony at the hearing and make an independent determination
regarding the evidence presented.” Id. (citation omitted).
The trial court received additional testimony to corroborate the judicially-
noticed facts and made an independent determination regarding the new evidence
presented at the hearings. Id. at 410, 831 S.E.2d at 60-61 (“The trial court’s findings
of fact appear to be based, at least in part, on testimony provided at the hearing,
sufficient to demonstrate that the trial court made an independent determination
regarding the evidence presented. . . . [W]e conclude that respondent’s argument is
without merit.”). Respondent’s argument is overruled.
V. Termination of Parental Rights
“[A]n adjudication of any single ground for terminating a parent’s rights under
N.C.G.S. § 7B-1111(a) will suffice to support a termination order. . . . [I]f this Court
upholds the trial court’s order in which it concludes that a particular ground for
termination exists, then we need not review any remaining grounds.” In re J.S., 374
N.C. 811, 815, 845 S.E.2d 66, 71 (2020) (citations omitted).
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A. Standard of Review
This Court reviews a trial court’s adjudication of grounds to terminate parental
rights by examining “whether the court’s findings of fact are supported by clear,
cogent[,] and convincing evidence and whether the findings support the conclusions
of law. Any unchallenged findings are deemed supported by competent evidence and
are binding on appeal. The trial court’s conclusions of law are reviewed de novo.” In
re T.B., 380 N.C. 807, 812, 870 S.E.2d 119, 123 (2022) (quoting In re Z.G.J., 378 N.C.
500, 508-09, 862 S.E.2d 180, 187 (2021)).
B. Analysis
Our general statutes limit the grounds to terminate parental rights to a
specific set of statutorily-defined grounds. N.C. Gen. Stat. § 7B-1111(a) (2021).
Under the second prong, a trial court may terminate parental rights after:
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.
N.C. Gen. Stat. § 7B-1111(a)(2).
Our Supreme Court has outlined the analysis trial courts must perform before
terminating a parent’s parental rights pursuant to this ground:
Termination under this ground requires the trial court to
perform a two-step analysis where it must determine by
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clear, cogent, and convincing evidence whether (1) a child
has been willfully left by the parent in foster care or
placement outside the home for over twelve months, and
(2) the parent has not made reasonable progress under the
circumstances to correct the conditions which led to the
removal of the child.
In re Z.A.M., 374 N.C. 88, 95, 839 S.E.2d 792, 797 (2020) (emphasis supplied) (citation
omitted).
“[A] respondent’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 section 7B-1111(a)(2).” In re J.W., 173 N.C. App.
450, 465-66, 619 S.E.2d 534, 545 (2005) (citation and internal quotation marks
omitted). “Leaving a child in foster care or placement outside the home is willful
when a parent has the ability to show reasonable progress, but is unwilling to make
the effort.” In re A.J.P., 375 N.C. 516, 525, 849 S.E.2d 839, 848 (2020) (citation,
internal quotation marks, and alterations omitted).
Our Supreme Court has stated:
Parental compliance with a judicially adopted case plan is
relevant in determining whether grounds for termination
exist pursuant to N.C.G.S. § 7B-1111(a)(2). However, in
order for a respondent’s noncompliance with her case plan
to support the termination of her parental rights, there
must be a nexus between the components of the court-
approved case plan with which the respondent failed to
comply and the conditions which led to the child’s removal
from the parental home.
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In re J.S., 374 N.C. at 815-16, 845 S.E.2d at 71 (citation, internal quotation marks,
and alterations omitted).
The Court has further explained that compliance with case plan conditions are
relevant, “provided that the objectives sought to be achieved by the case plan
provision in question address issues that contributed to causing the problematic
circumstances that led to the juvenile’s removal from the parental home.” In re
T.M.L., 377 N.C. 369, 379, 856 S.E.2d 785, 793 (2021) (citation and quotation marks
omitted).
Here, Respondent’s parental rights to Karen and Karl were terminated for
failure to implement “meaningful change in the circumstances that caused or
contributed to the children’s removal” because she had “not adequately prepared
herself to meet the mental and emotional health needs of her children, nor has she
created the stable living environment which has proven beneficial to both children.”
One of the biggest factors in the removal of Karen and Karl was Respondent’s
violence and actions toward the children due to her inability to manage her Bipolar
Disorder condition and the negative ways her mental health condition caused her to
find fault and discipline Karen and Karl. Respondent admitted she did not
consistently take prescribed medication to treat or manage her Bipolar Disorder
condition. During the termination for parental rights hearing, she further admitted
she had ceased taking her Bipolar Disorder medication when she became pregnant.
Respondent failed to create and maintain a stable living environment for both
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children without also actively treating and managing her behaviors resulting from
her mental health condition. “[T]he objectives sought to be achieved by the case plan
provision in question address issues that contributed to causing the problematic
circumstances that led to the juvenile[s’] removal from the parental home.” Id.(citation and quotation marks omitted). The trial court did not err by terminating
Respondent’s parental rights pursuant to N.C. Gen. Stat. § 7B-1111(a)(2).
VI. Best Interests
Respondent argues the trial court abused its discretion by holding termination
was in Karl’s best interest, because Karl had expressed a desire to live with
Respondent. She similarly argues termination was not in Karen’s best interest. The
trial court based its decision on Respondent’s failure to participate in Karen’s
treatment. Respondent asserts Karen’s placement in forty foster homes while in
DSS custody demonstrates Karen’s instability, and terminating Respondent’s
parental rights would not be helpful to Karen.
A. Standard of Review
“We review the trial court’s dispositional findings of fact to determine whether
they are supported by the evidence received during the termination hearing[.]” In re
S.C.C., 379 N.C. 303, 313, 864 S.E.2d 521, 528 (2021) (citation omitted). “The trial
court’s assessment of a juvenile’s best interests at the dispositional stage is reviewed
for [an] abuse of discretion.” In re E.H.P., 372 N.C. at 392, 831 S.E.2d at 52 (citation
omitted). “Under this standard, we defer to the trial court’s decision unless it is
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manifestly unsupported by reason or one so arbitrary that it could not have been the
result of a reasoned decision.” In re J.J.B., 374 N.C. 787, 791, 845 S.E.2d 1, 4 (2020)
(citation and quotation marks omitted).
B. Analysis
“If a trial court finds one or more grounds to terminate parental rights under
N.C.G.S. § 7B-1111(a), it then proceeds to the dispositional stage, at which it
determines whether terminating the parent’s rights is in the juvenile’s best interest.”
In re A.E., 379 N.C. 177, 184, 864 S.E.2d 487, 495 (2021) (citations, quotation marks,
and alterations omitted). N.C. Gen. Stat. § 7B-1110(a) provides a list of factors trial
courts must consider, including the child’s age, their likelihood of being adopted,
whether termination will result in accomplishing the permanent plan established for
the child, the child’s bond with their parent, the child’s bond with any proposed
adoptive parent or guardian, and a catch-all provision encompassing any other
relevant consideration.
The trial court addressed all statutory factors required by N.C. Gen. Stat. § 7B-
1110(a). The trial court made findings about Karen and Karl’s age and Respondent’s
inability to provide and maintain a safe and stable home. The trial court made
findings regarding the likelihood of Karen and Karl being adopted and whether
termination of Respondent’s parental rights would accomplish their permanent plan:
125. The Court makes the following findings consistent
with the requirements enumerated in NCGS § 7B-1110:
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...
c. [Karl] has been in a stable placement with the
same licensed foster family since November 2018,
when he entered FCDSS custody. This family has
expressed commitment to [Karl] and a desire to
adopt him. Both FCDSS and the GAL regard it as
likely that [Karl] will be adopted if he is legally free.
The likelihood that [Karl] will be adopted is high.
d. [Karen] has lacked a stable placement and has
frequently required increases in therapeutic care,
including periodic hospitalizations. [Karen] has
clearly shared with her GAL that she wishes to have
a family, and that she wants that family to include
her and an older married couple. [Karen] has shown
the ability to form a bond and attachment with a
former foster family, those fosters being an older
couple. The former foster family has continued to
maintain contact with [Karen] during her current
placement in a residential treatment setting.
FCDSS and the GAL are hopeful that, with changes
in [Karen]’s medication and continued therapy, this
can be a potential adoptive home. While the
immediate adoption of [Karen] is unlikely, she
wishes to have a family and has shown an ability to
bond, and therefore adoption is possible.
e. The current primary plan for both children is the
plan of adoption, and termination of parental rights
will aid with the accomplishment of that plan.
The court also made the following findings regarding Karen’s and Karl’s
relationship with Respondent:
g. [Karl] has a bond with his Mother, [Respondent].
This bond, as described by the GAL and the Social
Worker, is a “fun bond” associated with having fun
within the context of the safety and structure
provided in supervised visitation. [Karl] has
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repeatedly expressed a desire to remain in the home
and care of his foster parents. [Karl] made a recent
statement, after learning about [Respondent]’s
current pregnancy, that he wanted to live with his
Mother. However, this also happened around a time
[Karl] was experiencing frustration with the rules
and limitations of his foster home. Since that time,
he has also stated he wished to remain with his
foster parents. While the Court finds a bond exists
between [Karl] and [Respondent], it is more
accurately described as a bond of friendship or
kinship than a parent-child bond.
...
i. [Karen] does not have a bond or connection with
[Respondent]. [Karen] has made statements that
she loves her Mother [Respondent] and forgives her
Mother, but has been consistent in stating that she
does not want to have a relationship with her
Mother or return to [Respondent]’s care.
Respondent has failed to show the trial court abused its discretion by holding
termination of her parental rights was in Karen’s and Karl’s best interests. N.C. Gen.
Stat. § 7B-1110(a). See also In re E.H.P., 372 N.C. at 392, 831 S.E.2d at 52. Her
argument is without merit.
VII. Conclusion
Clear, cogent, and convincing evidence supports each of the legally relevant
and necessary findings of fact Respondent challenged on appeal. N.C. Gen. Stat.
§ 7B-1109(f); In re E.H.P., 372 N.C. at 392, 831 S.E.2d at 52; In re L.D., 380 N.C. at
770, 869 S.E.2d at 671.; In re C.J., 373 N.C. at 262, 837 S.E.2d at 860.
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IN RE K.N.
Opinion of the Court
The trial court received additional testimony to corroborate the judicially-
noticed facts from prior orders and made independent determinations regarding the
new evidence presented. In re T.N.H., 372 N.C. at 410, 831 S.E.2d at 60-61.
Respondent’s failure to acknowledge, adequately address, and manage her
behaviors toward the children resulting from her Bipolar Disorder condition led to
Karen’s and Karl’s removal from her home. The trial court found Respondent had
been provided many opportunities and extensions to address these conditions and did
not err by terminating Respondent’s parental rights for her willful failure to make
reasonable progress toward her case plan objectives. These objectives relate the
reasons for the children’s removal to Respondent’s lack of treatment and
management of her mental health disorder. In re T.M.L., 377 N.C. at 379, 856 S.E.2d
at 793.
If one ground for the termination of Respondent’s parental rights exists, we
need not address the remaining two grounds. In re J.S., 374 N.C. 811, 815, 845 S.E.2d
66, 71 (2020).
The trial court properly addressed all statutory factors outlined in N.C. Gen.
Stat. § 7B-1110(a). Respondent has not shown any abuse of discretion in its holding
termination was in Karen’s and Karl’s best interest. See In re E.H.P., 372 N.C. at
392, 831 S.E.2d at 52. The trial court’s order is affirmed. It is so ordered.
AFFIRMED.
Judges MURPHY and COLLINS concur.
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