In re: C.M.P., C.Q.M.P. , 254 N.C. App. 647 ( 2017 )

IN THE COURT OF APPEALS OF NORTH CAROLINA
No. COA16-1230
Filed: 1 August 2017
Mecklenburg County, Nos. 13 JA 423–25
IN THE MATTER OF: C.M.P., C.Q.M.P., J.A.C.
Appeal by respondent-mother from order entered 7 September 2016 by Judge
David H. Strickland in Mecklenburg County District Court. Heard in the Court of
Appeals 11 July 2017.
Senior Associate Attorney Keith S. Smith, for petitioner-appellee Mecklenburg
County Department of Social Services, Youth and Family Services.
Administrative Office of the Courts, by GAL Appellate Counsel Matthew D.
Wunsche, for guardian ad litem.
J. Thomas Diepenbrock for respondent-appellant mother.
BRYANT, Judge.
Where the trial court did not err in denying respondent’s motion for a
continuance or in concluding grounds existed to terminate respondent’s parental
rights, we affirm.
Respondent is the mother of C.M.P. (“Charlene”), C.Q.M.P. (“Charles”), and
J.A.C. (“Jackson”),1 and Mr. P. is the father of Charlene and Charles. Respondent
and Mr. P have a history with the Mecklenburg County Department of Social
1 Pseudonyms are used to protect the juveniles’ privacy and for ease of reading. N.C. R. App.
P. 3.1(b) (2017).
IN RE C.M.P., C.Q.M.P., J.A.C.
Opinion of the Court
Services, Youth and Family Services (“YFS”) dating back to 2011 due to issues of
domestic violence and inappropriate discipline. YFS most recently became involved
with the family on 13 March 2013, when it received a referral alleging that a domestic
violence incident occurred between respondent and Mr. P., wherein respondent’s C-
section stitches were torn during the incident. Mr. P. was charged with assault on a
female. After the incident, respondent and the children briefly stayed with the
maternal grandmother before moving into the paternal grandmother’s home with Mr.
P. and Mr. P.’s seventeen-year-old sister.
On 17 June 2013, YFS received a referral alleging suspected sexual abuse of
then three-month-old Charlene. A medical examination revealed that the child’s
genital and rectal area had been subjected to trauma and that her hymen was not
intact, but the source of the injuries could not be determined. At the time of the
injury, two male cousins aged thirteen and fourteen years old were visiting at the
home and had unsupervised contact with Charlene. However, no one on the paternal
side of the family believed the cousins could have been the source of the injuries.
Respondent entered into a safety plan in which she agreed to return to the
home of the maternal grandmother and also agreed there would be constant
“eye/sight” supervision of the children at all times by the maternal grandmother.
Because there was also a history of domestic violence between the maternal
grandmother and respondent, they also agreed not to engage in any violence in the
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presence of the children. YFS transferred the case to family intervention on 8 July
2013.
On 15 July 2013, YFS received a referral alleging that a domestic violence
incident had occurred between respondent and the maternal grandmother wherein
respondent assaulted the maternal grandmother by pushing her hand in the
grandmother’s face. YFS also received information that respondent threw a rock
through the grandmother’s storm door shattering the glass. The children were
present during both incidents. Respondent was cited for damage to property and
violating a domestic violence protective order (“DVPO”) the maternal grandmother
had taken out against respondent based on a “history of assaultive behavior”
beginning in 2008. The maternal grandmother stated that she was overwhelmed by
taking care of the children and that she could only provide care through 16 July 2013.
On 17 July 2013, YFS filed a juvenile petition alleging that the children were
abused, neglected, and dependent, and took the children into nonsecure custody. The
children were placed with a maternal cousin on 31 July 2013 and have remained in
that placement for the duration of the case.
A hearing was held on the juvenile petition on 18 September 2013. Respondent
stipulated to the allegations in the petition, and the trial court entered an order
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adjudicating the children neglected and dependent as to respondent.2 The trial court
ordered respondent to comply with her case plan which required her to participate in
a parenting course and demonstrate the skills learned, obtain and maintain adequate
employment, obtain and maintain safe and stable housing, and complete a domestic
violence assessment at NOVA, a domestic violence education and services provider,
and follow all recommendations.
Respondent initially engaged in her case plan by completing a parenting class,
completing an assessment with NOVA, and obtaining employment. However, on 28
September 2014, respondent and Mr. P. engaged in a domestic violence incident
resulting in their arrests. Respondent lost her job due to her arrest, and she was
allowed only supervised visitation with the children.
A permanency planning review hearing was held on 2 December 2014, and the
trial court found that respondent was incarcerated due to charges of armed robbery
and conspiracy to commit armed robbery. She had been arrested on 29 November
2014 and was still incarcerated at the time of the 2 December 2014 hearing. The
court suspended her visitation while she was incarcerated.
Another permanency planning review hearing was held on 12 May 2015, and
the trial court found that respondent had not visited with the children since
2 Mr. P. had not been served at the time of the hearing and the trial court held adjudication as
to him in abeyance. Charlene and Charles were adjudicated neglected and dependent as to Mr. P. on
2 December 2013.
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December 2014, despite the fact that suspension of visitation had been lifted upon
her release from jail.3 The trial court also found that respondent was living with the
maternal grandmother, and was employed. The court further found that respondent
“ha[d] not yet shown that she can parent her children” and “was advised that she
[would] need to have perfect compliance during [the] upcoming review period.”
Respondent was awarded two hours of supervised visitation a week but was ordered
to complete two clean drug tests before she could exercise her visitation. The trial
court continued the permanent plan (first imposed on 30 December 2013) as
reunification with respondent.
On 15 April 2015, respondent was arrested again for injury to real property
and injury to personal property. On 15 July 2015, respondent tested positive for
cocaine. A subsequent drug screen on 22 July 2015 came back positive for cocaine
and alcohol. Respondent denied using cocaine. Respondent also had an
unauthorized, unsupervised four-day visit with the children in July 2015. She
reentered substance abuse treatment, but had other subsequent drug screens which
were positive for cocaine on 10 and 17 September 2015. She subsequently completed
the substance abuse program in March 2016.
3 The record indicates that respondent was able to have one supervised visit with the children
on Christmas Day at the maternal grandmother’s home upon her release from jail, but as of the week
before the hearing on 12 May 2015, the children had no other visits with respondent after December
2014.
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In March 2016, respondent and Mr. P. engaged in another domestic violence
incident, after which they both were charged with assault and respondent obtained a
DVPO against Mr. P. On 24 June 2016, YFS filed a petition to terminate respondent’s
parental rights on the grounds of neglect, failure to make reasonable progress, failure
to pay reasonable cost of care, and dependency. See N.C. Gen. Stat. § 7B-1111(a)(1),
(2), (3), (6) (2015).
After a seventh permanency planning review hearing held 22 July 2016, the
trial court found that respondent had been discharged from NOVA due to excessive
absences, had another new job, had a pending hit and run charge, and had been
arrested for assault after the March 2016 domestic violence incident with Mr. P.
The hearing on the petition to terminate respondent’s parental rights was held
on 25 August 2016. At the start of the hearing, respondent’s counsel moved to
continue because respondent was not present and counsel had “expected her to be
[t]here.” The trial court denied the motion and went forward with the hearing. A
social worker testified that respondent had not made sufficient progress on her case
plan to show she would be able to successfully and appropriately parent her children
in that she did not have stable housing, had not completed the NOVA domestic
violence program, and her employment had been inconsistent over time. The social
worker also testified that respondent was inconsistent with her visits with the
children and had not seen them in the month prior to the hearing despite being
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allowed to have weekly visitation. The social worker further testified respondent had
a history of making progress on her case plan but then regressing. The trial court
entered an order on 7 September 2016 terminating respondent’s parental rights to
all three children on the grounds of neglect, failure to make reasonable progress, and
dependency. Respondent appeals.
_______________________________________________________
On appeal, respondent contends the trial court erred by (I) summarily denying
respondent’s motion to continue, and (II) concluding grounds existed for terminating
respondent’s parental rights.
I
Respondent first argues the trial court erred in summarily denying her motion
to continue based on her unexplained absence at the termination hearing.
Respondent contends the court’s decision deprived her of her right to effective
assistance of counsel. We disagree.
The standard for granting a motion to continue is set out in N.C. Gen. Stat. §
7B-803, which provides in relevant part as follows:
The court may, for good cause, continue the hearing for as
long as is reasonably required to receive additional
evidence, reports, or assessments that the court has
requested, or other information needed in the best interests
of the juvenile and to allow for a reasonable time for the
parties to conduct expeditious discovery. Otherwise,
continuances shall be granted only in extraordinary
circumstances when necessary for the proper
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administration of justice or in the best interests of the
juvenile.
N.C. Gen. Stat. § 7B-803 (2015).
“A trial court’s decision regarding a motion to continue is discretionary and
will not be disturbed on appeal absent a showing of abuse of discretion. Continuances
are generally disfavored, and the burden of demonstrating sufficient grounds for
continuation is placed upon the party seeking the continuation.” In re J.B., 172 N.C.
App. 1, 10, 616 S.E.2d 264, 270 (2005) (citations omitted). “However, if ‘a motion to
continue is based on a constitutional right, then the motion presents a question of
law which is fully reviewable on appeal.’ ” In re D.Q.W., 167 N.C. App. 38, 40–41, 604
S.E.2d 675, 677 (2004) (quoting State v. Jones, 342 N.C. 523, 530–31, 467 S.E.2d 12,
17 (1996)).
Respondent argues that the trial court’s denial of her motion to continue
implicates her due process right to effective assistance of counsel, including the right
of a client and counsel to have adequate time to prepare a defense, and thus the issue
presents a question of law which is fully reviewable on appeal. Respondent, however,
presents this constitutional argument for the first time on appeal.
To determine whether a failure to grant a continuance implicates
constitutional rights, the reasons presented for the requested continuance are of
particular importance. Id. at 42, 604 S.E.2d at 677. In the instant case, respondent’s
counsel raised only one ground to support the motion to continue at the hearing: that
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respondent was absent from the hearing. As previously noted, respondent raises for
the first time on appeal the issues of effective assistance of counsel and adequate time
to prepare a defense. “In order to preserve a question for appellate review, a party
must have presented to the trial court a timely request, objection or motion, stating
the specific grounds for the ruling the party desired the court to make if the specific
grounds were not apparent from the context.” N.C. R. App. P. 10(a)(1) (2017).
Therefore, respondent failed to preserve the issue of whether the denial of the motion
violated her constitutional right to effective assistance of counsel.
Further, this Court has held that a parent’s due process rights are not violated
when parental rights are terminated at a hearing at which the parent is not present.
See In re Murphy, 105 N.C. App. 651, 658, 414 S.E.2d 396, 400 (1992). Thus,
respondent’s motion to continue was not based on a constitutional right, and we
review the trial court’s denial of the motion for abuse of discretion. See In re D.W.,
202 N.C. App. 624, 627, 693 S.E.2d 357, 359 (2010) (reviewing the denial of the absent
respondent mother’s motion to continue based on her right to be present at the
hearing for abuse of discretion).
After denying respondent’s motion to continue, the trial court conducted a full
hearing on the petition, heard testimony from several witnesses, and respondent’s
counsel was given full opportunity to cross-examine each witness. Indeed,
respondent’s counsel fully participated in the hearing by frequently objecting to
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testimony she deemed inadmissible, cross-examining witnesses, and presenting a
closing argument on respondent’s behalf. A court reporter also prepared a
stenographic transcript of the hearing.
“When . . . a parent is absent from a termination proceeding and the trial court
preserves the adversarial nature of the proceeding by allowing the parent’s counsel
to cross examine witnesses, with the questions and answers being recorded, the
parent must demonstrate some actual prejudice in order to prevail on appeal.”
Murphy, 105 N.C. App. at 658, 414 S.E.2d at 400 (citing In re Barkley, 61 N.C. App.
267, 270, 300 S.E.2d 713, 715–16 (1983)). Respondent argues she was prejudiced by
the denial of the motion because her presence at the hearing was essential for her
attorney to present an adequate defense, and that she was not able to testify
regarding her case plan progress and rebut evidence presented by YFS.
Here, respondent was served with a summons and a copy of the petition on 4
July 2016 and does not argue that she lacked notice of the hearing. Respondent’s
attorney informed the court that she had spoken with respondent by telephone a few
days prior to the hearing and that counsel expected her to be in court that day.
Counsel had been representing respondent in this matter for three years, throughout
the entirety of the case starting in 2013, and at no time did she make the argument
that she needed additional time to prepare for the hearing. Thus, “[w]e see no
possibility that respondent was unfairly surprised or that her ability to contest the
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petition to terminate was prejudiced.” In re Mitchell, 148 N.C. App. 483, 487, 559
S.E.2d 237, 240 (citations omitted), rev’d on other grounds, 356 N.C. 288, 570 S.E.2d
212 (2002). Further, the record does not disclose any attempt by respondent to
contact the court or her counsel to inform them of any issue preventing her
attendance at the hearing, and she has not provided any reason for her absence.
“Courts cannot permit parties to disregard the prompt administration of judicial
matters. To hold otherwise would let parties determine for themselves when they
wish to resolve judicial matters.” Id. at 488, 559 S.E.2d at 241. Therefore, we hold
the trial court did not abuse its discretion in denying respondent’s motion for a
continuance.
II
Respondent next argues the trial court erred in concluding that grounds
existed to terminate her parental rights. Specifically, respondent contends the trial
court erred when it concluded respondent neglected the juveniles, willfully left the
juveniles in a placement outside the home, and is incapable of proper care and
supervision of the juveniles. We disagree.
“The standard of review in termination of parental rights cases is 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, 221–22, 591 S.E.2d 1, 6 (2004) (quoting In re Clark, 72 N.C. App. 118, 124, 323
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S.E.2d 754, 758 (1984)). “If the trial court’s findings of fact ‘are supported by ample,
competent evidence, they are binding on appeal, even though there may be evidence
to the contrary.’ ” In re S.C.R., 198 N.C. App. 525, 531, 679 S.E.2d 905, 909 (2009)
(quoting In re Williamson, 91 N.C. App. 668, 674, 373 S.E.2d 317, 320 (1988)).
Unchallenged findings of fact “are conclusive on appeal and binding on this Court.”
Id. at 532, 679 S.E.2d at 909 (citation omitted). We review the trial court’s
conclusions of law de novo. In re S.N., 194 N.C. App. 142, 146, 669 S.E.2d 55, 59
(2008).
Pursuant to N.C. Gen Stat. § 7B-1111(a)(1), “[t]he trial court may terminate
the parental rights to a child upon a finding that the parent has neglected the child.”
In re Humphrey, 156 N.C. App. 533, 540, 577 S.E.2d 421, 427 (2003) (citing N.C.G.S.
§ 7B-1111(a)(1)). A neglected juvenile is defined, in relevant part, as “[a] juvenile who
does not receive proper care, supervision, or discipline from the juvenile’s parent,
guardian, custodian, or caretaker; . . . or who lives in an environment injurious to the
juvenile’s welfare[.]” N.C. Gen. Stat. § 7B-101(15) (2015).
“A finding of neglect sufficient to terminate parental rights must be based on
evidence showing neglect at the time of the termination proceeding.” In re Young,
346 N.C. 244, 248, 485 S.E.2d 612, 615 (1997) (citation omitted). However, when, as
here, the children have been removed from their parent’s custody such that it would
be impossible to show that the children are currently being neglected by their parent,
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“a prior adjudication of neglect may be admitted and considered by the trial court in
ruling upon a later petition to terminate parental rights on the ground of neglect.” In
re Ballard, 311 N.C. 708, 713–14, 319 S.E.2d 227, 231 (1984). If a prior adjudication
of neglect is considered, “[t]he trial court must also consider any evidence of changed
conditions in light of the evidence of prior neglect and the probability of a repetition
of neglect.” Id. at 715, 319 S.E.2d at 232 (citation omitted). Thus, where
there is no evidence of neglect at the time of the
termination proceeding . . . parental rights may
nonetheless be 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 [his or] her parents.
In re Reyes, 136 N.C. App. 812, 815, 526 S.E.2d 499, 501 (2000) (citing Ballard, 311
N.C. at 716, 319 S.E.2d at 232).
That a parent provides love and affection to a child does
not prevent a finding of neglect. Neglect exists where the
parent has failed in the past to meet the child’s physical
and economic needs and it appears that the parent will not,
or cannot, correct those inadequate conditions within a
reasonable time.
In re J.H.K., 215 N.C. App. 364, 369, 715 S.E.2d 563, 567 (2011) (citations omitted).
A parent’s failure to make progress in completing a case plan is indicative of a
likelihood of future neglect. See In re D.M.W., 173 N.C. App. 679, 688–89, 619 S.E.2d
910, 917 (2005) (Hunter, J., dissenting) (“[R]espondent needed to successfully treat
her substance abuse and domestic violence issues, demonstrate appropriate
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parenting skills, and maintain a stable, appropriate home. Respondent provided
little evidence that she has achieved any of these objectives.”), rev’d for reasons stated
in dissenting opinion, 360 N.C. 583, 635 S.E.2d 50 (2006).
Here, the trial court made the following relevant findings of fact.
6. The issues which caused DSS/YFS to remove these
three juveniles included, among other things,
[respondent’s] and [Mr. P.’s] domestic violence history;
unstable housing and employment as well as the parents’
inappropriate supervision of the juveniles. The family’s
CPS[4] history was also significant. Specifically, there were
three prior referrals with this family. First, on January 18,
2011, it was alleged that while [respondent] was living with
the maternal grandmother, some of the children appeared
to have unexplained bruising. Second, on May 9, 2012, it
was alleged that [respondent] and children had unstable
housing, there was domestic violence between [respondent]
and [Mr. P.], and the parenting/supervision of the children
was inappropriate. Third, on March 13, 2013, there was
additional domestic violence between [respondent] and
[Mr. P.] where [respondent] was holding [Charles] at the
time who was also reportedly injured.
7. The Court conducted an adjudicatory hearing on
September 18, 2013, but the adjudication for [Mr. P.] was
held in abeyance until December 2, 2013 because he had
not been served with the underlying juvenile petition and
summons as of the September hearing. The juveniles were
all eventually adjudicated neglected and dependent.
Respondent mother was present at both the September and
December hearings. [Mr. P.] was present during the
December hearing only.
....
4 See infra note 5.
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9. As part of her case plan, the respondent mother was
required to complete parenting education, obtain and
maintain safe and stable housing and employment, and
complete domestic violence education (through NOVA).
The expectation with the completion of the classes was that
the lessons would be internalized such that there would be
a behavioral change, and that the completion of classes was
not just a “checklist.”
....
12. There was a domestic violence incident on September
28, 2014 which resulted in both respondent mother and
[Mr. P.] being arrested.
13. As of the first Permanency Planning Review (PPR)
Hearing on December 2, 2014, [respondent] was
incarcerated due to charges of armed robbery and
conspiracy to commit armed robbery. As of this hearing,
[respondent] was working at Time Warner Cable arena
(arena), living with the maternal grandmother and, as
noted above, had completed her parenting classes. . . .
14. As of the second PPR Hearing on March 24, 2015,
[respondent] was attending NOVA classes and was
employed but no longer at the arena. [Respondent] had
identified a possible residence, but it needed some repair
work before she or the juveniles could live there.
[Respondent] was also addressing her substance abuse
problems with Anuvia and with FIRST Level 2 drug court.
...
15. As of the third PPR Hearing on May 12, 2015,
[respondent] was working at a new job (at Saddle Creek
Cleaning), she was looking for new housing, she was
inconsistently attending NOVA and weekly therapy, and
had been unsuccessfully discharged from Anuvia. The
Court noted during this hearing that [respondent] has not
demonstrated an ability to parent her children and would
need to show perfect compliance during the upcoming
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review period. . . .
16. As of the fourth PPR Hearing on August 25, 2015,
[respondent] had provided multiple positive drug screens
and had started a new drug treatment program (SACOT—
substance abuse comprehensive outpatient treatment), she
had a new job at a hotel and at Bank of America stadium,
she had still not completed NOVA and had a four-day
unauthorized, unsupervised visit with the juveniles. . . .
17. As of the seventh PPR Hearing on July 22, 2016,
[respondent] had been clean and sober for several months
(including the completion of an in-patient substance abuse
program in early 2016 and the submission of multiple clean
drug screens), she had a new job at Mercy Hospital, but had
been discharged from NOVA due to excessive absences. She
has never completed a domestic violence program.
[Respondent] was struggling to pay the NOVA fees, but
[she] had been employed for some time and was living with
maternal grandmother. [Respondent] also has a pending
Hit and Run charge and has been arrested twice recently
for assault. The alleged victim is [Mr. P.] [Mr. P.] was
arrested in June 2016 for assault as well. The respondent
mother is the alleged victim of his assault charge. . . .
....
22. The Court’s frustration with [respondent] is that she
clearly loves her children. The children also love her.
However, [respondent] is inconsistent with her attendance
at visitation. Additionally, because of her lack of case plan
progress, she has never been able to put herself in a
position to consistently have unsupervised visitation.
Indeed, [respondent] (three years into this case) still only
has two hours of weekly supervised visitation. When visits
do occur between [respondent] and the juveniles, they
generally go well—she brings snacks, games and other
activities and sometimes clothing. Regarding her
attendance at visitation, between Christmas 2014 and mid-
March 2015, [respondent] did not visit with the children.
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Moreover, earlier in 2016, [respondent] attended five
consecutive visits all of which went well, had visits on June
2 and 23, 2016 and one visit in July, but between that July
2016 visit and this hearing [on 25 August 2016], she missed
four consecutive visits. Additionally, [respondent’s]
housing remains unstable. She was ineligible for the
Family Unification Program (a government-supported
housing assistance program) because of her criminal
background. While [respondent] has consistently had
employment throughout the history of this case, she has
failed to maintain employment at one location for an
extended period of time. She repeatedly loses her job and
has to obtain new employment. [Respondent’s] absence
from this TPR hearing, despite actual notice, is also
noteworthy. It is apt to say that she will take one step
forward followed by two steps back. [Respondent] has still
not demonstrated an ability to care for her children due to
issues of domestic violence, housing, and stability.
(Emphasis added).
Respondent challenges Findings of Fact Nos. 6 and 22 as not being supported
by clear and convincing evidence. First, respondent challenges the portion of Finding
of Fact No. 6 which states that “[t]he issues which caused DSS/YFS to remove these
three juveniles included, among other things, [respondent’s] and [Mr. P.’s] domestic
violence history; unstable housing and employment as well as the parents’
inappropriate supervision of the juveniles.” Respondent contends that this finding is
“misleading” because although there had been domestic violence incidents between
respondent and Mr. P., it was other events occurring after that time which led to YFS
filing the petition, including suspected sexual abuse of Charlene, incidents of
domestic violence between respondent and her mother, and the maternal
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Opinion of the Court
grandmother’s inability to care for the children after 16 July 2013. Respondent
contends that neither YFS’s petition, nor the adjudication portion of the adjudication
and disposition order, identified housing or employment as reasons leading to the
removal of the children from their parents’ care.
Contrary to respondent’s assertion, domestic violence between respondent and
Mr. P. was a factor for YFS becoming involved in the case and for the removal of the
children from respondent’s care. The juvenile petition included an allegation that
YFS received a referral alleging domestic violence between respondent and Mr. P.,
that respondent was treated at the hospital, and that Mr. P. was charged with assault
on a female. The petition also included respondent’s history with Child Protective
Services (“CPS”)5 due to issues of inappropriate discipline and domestic violence with
Mr. P. Respondent stipulated to these findings in the initial adjudication order.
Additionally, the trial court specifically found in the adjudication and
disposition order that the “problems which led to the adjudication and must be
resolved to achieve reunification and/or otherwise conclude this case . . . include but
are not necessarily limited to housing and employment stability.” Finally, at the
hearing, the social worker testified regarding respondent’s CPS history and that the
issues that needed to be addressed were domestic violence and unstable housing and
employment. This is clear and convincing evidence to support Finding of Fact No. 6.
5CPS is a division of the Mecklenburg County Department of Social Services (“DSS”) separate
from YFS.
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Respondent also challenges the portion of Finding of Fact No. 22 which states
that her housing remains unstable. Respondent contends that she is living with the
maternal grandmother and there are no findings that this arrangement was unstable.
However, in a prior YFS report, incorporated by reference into the 30 December 2013
review order, YFS stated that respondent “does not have stable housing and is
residing with her mother.” Respondent was also not allowed to have unsupervised
visits at the maternal grandmother’s home due to their history of domestic violence.
At the termination hearing, the social worker testified that respondent had not
secured her own housing throughout the case and continued to reside with the
maternal grandmother. Indeed, the social worker testified that respondent “doesn’t
have stable housing.” This is clear and convincing evidence that respondent had not
obtained stable housing and supports Finding of Fact No. 22.
Finally, respondent challenges the portion of the trial court’s Conclusion of
Law No. 6 that “[t]here is a high probability of the repetition of neglect and all
respondent parents have acted inconsistently with their protected constitutional
rights.” Respondent contends this conclusion is inconsistent with the trial court’s
findings throughout the underlying case, and it is not supported by the findings in
the termination of parental rights order.
The trial court’s findings support the conclusion that there is a high probability
of the repetition of neglect if the children are returned to respondent’s care. We first
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note that the trial court found in Finding of Fact No. 24 that “[d]ue to . . .
[respondent’s] ongoing struggles . . . all three juveniles remain in foster care and
there is a high probability of the repetition of neglect.” Respondent does not
specifically challenge this finding and it is therefore binding on appeal. See S.C.R.,
198 N.C. App. at 531, 679 S.E.2d at 909.
The children were removed from the parents’ care due to issues of domestic
violence, unstable housing and employment, and improper supervision. During the
three years the children have been in custody, respondent never addressed the
domestic violence issues by completing an assessment at NOVA. Indeed, shortly
before YFS filed the petition to terminate her parental rights, respondent was
involved in another domestic violence incident with Mr. P. and was arrested on
assault charges related to that incident.
Although respondent was employed during a majority of the time the children
were in custody, her employment was unstable as she failed to maintain employment
at any one job for an extended period of time. The findings show that respondent had
at least six different jobs during the three year period, and had a history of losing her
job and obtaining new employment. Respondent also continued to live with her
mother, the maternal grandmother, and never obtained independent housing. Thus,
the trial court’s findings show that respondent had not addressed the issues which
led to the children being adjudicated neglected, and those findings support the court’s
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IN RE C.M.P., C.Q.M.P., J.A.C.
Opinion of the Court
conclusion that there is a high probability of repetition of neglect if the children are
returned to respondent’s care.
Respondent also challenges the portion of the trial court’s Conclusion of Law
No. 6 stating that the parents acted inconsistently with their constitutionally
protected rights. However, this conclusion is not necessary to terminate parental
rights based on neglect. See N.C.G.S. § 7B-1111(a)(1); N.C.G.S. § 7B-101(15). Having
determined that the trial court’s termination of respondent’s parental rights based
on neglect is fully supported by the record, we need not review additional grounds for
termination. See Humphrey, 156 N.C. App. at 540, 577 S.E.2d at 426 (“A finding of
any one of the enumerated grounds for termination of parental rights under N.C.G.S.
7B-1111 is sufficient to support a termination.” (citation omitted)). Accordingly, the
order of the trial court is
AFFIRMED.
Judges HUNTER, JR. concurs.
Judge MURPHY concurs in a separate opinion.
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No. COA16-1230 – In re C.M.P., C.Q.M.P., J.A.C.
MURPHY, Judge, concurring.
The Majority found no error in the trial court’s conclusion that it had a ground
to terminate Respondent’s parental rights pursuant to N.C.G.S. § 7B-1111(a)(1)
(2015). I concur. I write separately to emphasize that I concur only because Finding
of Fact 24 was unchallenged by Respondent and, thus, is binding on our Court. See
In re S.C.R., 198 N.C. App. 525, 532, 679 S.E.2d 905, 909 (2009) (explaining that
unchallenged findings of fact are binding on appeal).