In re J.K.F.

379 N.C. 247

864 S.E.2d 340

In the MATTER OF: J.K.F., H.N.F., N.L.F.

No. 82A21

Supreme Court of North Carolina.

Filed November 5, 2021

James N. Freeman Jr., Elkin, for petitioner-appellee Yadkin County Human Services Agency.

Paul W. Freeman Jr., Wilkesboro, for appellee Guardian ad Litem.

Mercedes O. Chut, Greensboro, for respondent-appellant mother.

EARLS, Justice.

¶ 1 Respondent-mother appeals from the trial court's order terminating her parental rights in the minor children, "Jack,"¹ "Hannah," and "Nicole." We affirm the trial court's order and hold that the trial court had sufficient evidence to support the conclusion that grounds existed pursuant to N.C.G.S. § 7B-1111(a)(3) to terminate respondent-mother's parental rights for her failure to pay a reasonable portion of the cost of care for the children.

I. Factual and Procedural Background

¶ 2 On 13 September 2019, the Yadkin County Human Services Agency (YCHSA) moved to terminate respondent-mother's parental rights in the minor children, Jack, Hannah, and Nicole. Although he is discussed in this opinion, the children's father died in an automobile accident in May 2019 and is not a party to this appeal. On 28 August 2020, the trial court held a hearing on YCHSA's motion to terminate respondent-mother's parental rights. The trial court entered its order terminating respondent-mother's parental rights on 28 October 2020. Respondent filed timely notice of appeal from the termination order on 25 November 2020.

¶ 3 In June 2018, YCHSA first investigated respondent-mother and the father based on a report that they had engaged in domestic violence at home while the children were present. In the course of its investigation, YCHSA observed that the father and respondent-mother were struggling financially and lacked electricity in their home. YCHSA recommended services for the family including mental health treatment and parenting education, but the parents declined to participate at that time.

¶ 4 YCHSA encountered the family again in August 2018 when they received a report that Hannah had been inappropriately touched by her grandfather. While these allegations ultimately were unsubstantiated, in the course of investigating them, YCHSA observed that the home still lacked electricity, and the father and respondent-mother were having difficulty meeting their children's basic needs. Shortly thereafter, the family relocated to Forsyth County. There, the father and respondent-mother attempted to enroll Jack in elementary school but could not provide the school with a permanent address, which caused Jack to miss several weeks of school.

¶ 5 The father contacted YCHSA on 22 October 2018, stating that he could not properly care for the children, that respondent-mother refused to bathe the children, and that she would not take care of them. The father brought a YCHSA employee to the camper trailer located on his brother's property where the family was living. There, the YCHSA employee observed the following: the trailer had multiple broken windows covered with wood; the three children shared a single twin mattress; the toilet appeared to be clogged with feces and toilet paper; the trailer was heated by a small space heater which was insufficient to maintain heat in the structure; nails were protruding from the trailer door, creating a hazard to the children; and the only food in the trailer was a box of macaroni and cheese and an open bottle of soda. The three children were dressed in t-shirts and shorts though the temperature was in the fifties.

¶ 6 The father advised YCHSA that he wanted treatment for his mental health and anger issues. Respondent-mother also acknowledged having untreated mental health issues. The father consented to YCHSA placing the children in foster care in order to meet their needs.

¶ 7 On 23 October 2018, YCHSA filed juvenile petitions alleging that Jack, Hannah, and Nicole were neglected juveniles, as they did not receive proper care, supervision, or discipline from their parents, and they lived in an injurious home environment. See N.C.G.S. § 7B-101(15) (2019). The trial court placed the children in nonsecure custody pending its ruling on the petitions.

¶ 8 Respondent-mother signed an Out of Home Family Services Agreement (case plan) with YCHSA on 11 December 2018, which required her to complete a psychological assessment and a substance abuse assessment and comply with any recommendations; submit to random drug screens as requested; complete a parenting education program; obtain and maintain housing suitable for the children for at least six months; and obtain and maintain consistent employment for at least six months.

¶ 9 After a hearing on 3 January 2019, the trial court entered an order on 6 February 2019 adjudicating the children to be neglected juveniles. On 29 April 2019, respondent-mother signed a voluntary support agreement. Pursuant to the agreement, she was ordered to pay $35.66 per child in monthly child support.

¶ 10 Based on respondent-mother's additional positive drug screens and lack of progress on her case plan, the trial court concluded in an order entered on 6 August 2019 that additional "[r]eunification efforts would clearly be unsuccessful or inconsistent with the [children's] health and safety." The court established a primary permanent plan of adoption with a secondary plan of reunification and ordered the director of YCHSA to initiate a termination-of-parental-rights proceeding.

¶ 11 On 13 September 2019, YCHSA moved to terminate respondent-mother's parental rights in Jack, Hannah, and Nicole. As grounds for termination, the motion alleged that respondent-mother neglected the children under N.C.G.S. § 7B-1111(a)(1) ; that she had willfully left the children in an out-of-home placement for more than twelve months without making reasonable progress to correct the conditions leading to removal under N.C.G.S. § 7B-1111(a)(2) ; and that she had willfully failed to pay a reasonable portion of the children's cost of care in YCHSA custody for the six months immediately preceding the filing of the motion under N.C.G.S. § 7B-1111(a)(3). Respondent-mother responded denying the motion's material allegations.

¶ 12 On 28 August 2020, the trial court held a hearing on YCHSA's motion to terminate respondent-mother's parental rights. At the time of the hearing, respondent-mother was homeless, unemployed, and receiving no treatment for her mental health or substance abuse issues. She had not completed the required parenting education program and had last visited the children in October 2019.

¶ 13 The trial court entered its order terminating respondent-mother's parental rights on 28 October 2020. The court concluded YCHSA had proved the existence of each of the asserted statutory grounds for termination by clear, cogent, and convincing evidence. After considering the dispositional factors in N.C.G.S. § 7B-1110(a), the court further concluded that terminating respondent-mother's parental rights was in each of the children's best interests. Respondent-mother filed timely notice of appeal from the termination order.

II. Issues on Appeal

¶ 14 On appeal, respondent-mother argues that the trial court erred by finding that grounds existed to terminate respondent-mother's rights to her children pursuant to N.C.G.S. § 7B-1111(a)(1)–(3). The trial court found that three grounds existed to terminate respondent-mother's rights: neglect under N.C.G.S. § 7B-1111(a)(1), failure to make reasonable progress under N.C.G.S. § 7B-1111(a)(2), and willful failure to pay cost of care under N.C.G.S. § 7B-1111(a)(3). As the law allows us to decide on one ground, we affirm the lower court's decision on the third ground. See N.C.G.S. § 7B-1111(a) (2019) ("The court may terminate the parental rights upon a finding of one or more of the following [grounds for termination.]").

A. Standard of Review

¶ 15 "Proceedings to terminate parental rights consist of an adjudicatory stage and a dispositional stage." In re K.H. , 375 N.C. 610, 612, 849 S.E.2d 856 (2020). At the adjudicatory stage, "the petitioner bears the burden of proving by clear, cogent, and convincing evidence that grounds exist for termination pursuant to" the statute. In re E.H.P. , 372 N.C. 388, 391, 831 S.E.2d 49 (2019). "The trial court's conclusions of law are reviewable de novo on appeal." In re K.H. , 375 N.C. at 612, 849 S.E.2d 856. Respondent-mother does not allege any error at the dispositional stage. Therefore, this opinion focuses on the findings of the trial court at the adjudicatory stage.

B. Analysis

¶ 16 Granting the motion to terminate respondent-mother's parental rights, the trial court found that grounds existed under N.C.G.S. § 7B-1111(a)(3), which reads as follows:

The juvenile has been placed in the custody of a county department of social services, a licensed child-placing agency, a child-caring institution, or a foster home, and the parent has for a continuous period of six months immediately preceding the filing of the petition or motion willfully failed to pay a reasonable portion of the cost of care for the juvenile although physically and financially able to do so.

N.C.G.S. § 7B-1111(a)(3).

¶ 17 Since the motion for termination of parental rights was filed on 13 September 2019, the trial court needed to make specific findings about the relevant six-month statutory period which was from 13 March 2019 to 13 September 2019. See In re K.H. , 375 N.C. at 616, 849 S.E.2d 856 (analyzing the trial court's findings for evidence of willful nonpayment during the exact six-month period).

¶ 18 For the purposes of N.C.G.S. § 7B-1111(a)(3), "[a] parent is required to pay that portion of the cost of foster care for the child that is fair, just and equitable based upon the parent's ability or means to pay." In re J.M. , 373 N.C. 352, 357, 838 S.E.2d 173 (2020) (quoting In re Clark , 303 N.C. 592, 604, 281 S.E.2d 47 (1981) ). The existence of a valid child support order or voluntary support agreement is evidence of the...