In re J.P.E.

1

IN THE MATTER OF: J.P.E., J.A.B., N.Q.B., N.C. E., K.L.E-S., F.R.E., H.L.E.

No. COA23-161

Court of Appeals of North Carolina

November 7, 2023

An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

Heard in the Court of Appeals 4 October 2023.

Appeal by respondent from judgment entered 11 October 2022 by Judge Tonia Cutchin in Guilford County Nos. 17JT292-296 19JT468-469 District Court.

Ewing Law Firm, P.C., by Robert W. Ewing, for the respondent-appellant.

Mercedes O. Chut, for the petitioner-appellee Guilford County Department of Health and Human Services.

Smith Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P. by Jackson W. Moore, and David R. Ortiz, for the Guardian ad Litem.

TYSON Judge

Respondent-mother ("Respondent") appeals from an order terminating her parental rights to seven of her eight children: J.P.E. ("Josh"), J.A.B. ("John"), N.Q.B. ("Nancy"), N.C. E. ("Nate"), K.L.E-S. ("Kathy"), F.R.E. ("Fran"), and H.L.E. ("Heather"). See N.C. R. App. P. 42(b) (pseudonyms are used to protect the identity of the juveniles). We affirm the termination order.

I. Background

Respondent is the mother of eight children, seven of whom are the subject of this appeal. Kathy was born in November 2007; Nate in October 2010; Nancy in December 2011; John in August 2014; Josh in December 2016; and, Fran and Heather were born in October 2019 (collectively the "Children"). Respondent's eighth child, born 1 January 2021 was placed with a Temporary Safety provider home by the Guilford County Department of Health and Human Services ("DSS") and is not involved in this appeal. Respondent had four previous involvements with DSS.

Respondent voluntarily brought and presented then seven-month-old Josh for a visit at Cone Family Practice on 11 July 2017. During the visit, Respondent asked of medical personnel: "How can I see if he has a brain bleed?" Respondent told medical personnel Josh sleeps in her bed or on the couch and sometimes falls off. Respondent reported Josh's head had been swollen for the past two weeks. Josh was admitted to the hospital for a bulging fontanelle, one of two major soft spots on the top of an infant's head, and the failure to thrive diagnosis. A CT scan showed no abnormalities.

Respondent also reported she allows her older children to feed Josh and asserted domestic violence had occurred during her pregnancy. Josh's evaluation placed him in the bottom third percentile for growth and he was diagnosed with failure to thrive. Hospital staff warned Respondent not to sleep with Josh on the overnight guest cot provided in the room. Despite these warnings, hospital staff observed Respondent sleep with Josh on the cot. Hospital staff removed Josh from the cot several times. Hospital staff also noted Respondent screaming and acting in a belligerent manner toward her other children.

DSS received a report on 12 July 2017. That day, DSS placed Josh, John, Nancy, Nate, and Kathy with a temporary safety provider. DSS also arranged for Respondent to receive in-home counseling.

Josh, John, Nancy, Nate, and Kathy were returned to Respondent's care on or about 31 July 2017. DSS subsequently received reports John was almost struck by a passing car after Respondent had left him with a friend to watch; Respondent was about to be evicted from the family home for "poor housekeeping;" allowing the children to play outside unsupervised; and, requiring then nine-year-old Kathy to provide significant care for her younger siblings.

Respondent completed a parenting capacity evaluation and a psychological evaluation on 28 July 2017. Michael A. McColloch, Ph.D. completed Respondent's evaluation and diagnosed her with an IQ of 76, Post-Traumatic Stress Disorder and Major Depression. Dr. McColloch also found Respondent showed a "high level of personality difficulties," including "avoidant, schizotypal, paranoid, dependent, negativistic and masochistic personality characteristics." Dr. McColloch documented Respondent had been "diagnosed with mental retardation in 2010 at UNC-G at the Psychology Clinic."

DSS filed a petition alleging Josh, John, Nancy, Nate, and Kathy were neglected and dependent on 7 August 2017 and took nonsecure custody of those children. The trial court adjudicated these children as neglected and dependent on 6 October 2017.

Respondent entered into a DSS case plan to purportedly address her: (1) emotional and mental health; (2) substance abuse issues; (3) parenting skills; (4) to obtain and maintain suitable housing; (5) to obtain and maintain employment; and, (6) to maintain communications with DSS and the trial court.

DSS also required Respondent to: (1) complete a mental health assessment and follow recommendations; (2) participate in therapy; (3) use medication management as recommended; (4) complete a substance abuse assessment; (5) cooperate with random drug screens; (6) participate in and complete the Parent Assessment Training and Education Program ("PATE"); (7) complete a parenting/psychological evaluation; and, (8) follow DSS' recommendations.

Respondent was additionally instructed by DSS to avoid: (1) the use of nonprescribed drugs; (2) alcohol; (3) participate in outpatient mental health therapy; (4) participate in a psychiatric evaluation for medication management; and, (5) follow up with referrals for domestic violence counseling and parenting classes.

Respondent completed the required substance abuse and mental health assessment on 2 October 2017. Respondent also began therapy in the fall of 2017, but had stopped attending by 21 February 2018.

The district court held a permanency planning hearing on 21 February 2018 and found Respondent had secured and maintained housing, but concluded it was inadequate due to the unhygienic, cluttered, and unsanitary conditions inside the house. Respondent did not have a current therapist, and she had not complied with the mental health or substance abuse components of her case plan.

Respondent's social worker attempted to teach Respondent to perform household cleaning; proper food storage and preservations skills; and, to maintain pest control. Respondent failed to take out trash, sweep the floor of debris, or dispose of food or food containers, which attracted and caused roach infestations inside the house.

Respondent received another eviction notice on 7 March 2018 from her landlord due to unhygienic and unsanitary conditions inside the home and asserting Respondent was smoking marijuana indoors.

Respondent's social worker attempted a home visit on 20 April 2018, but Respondent did not answer the door. The social worker left a voucher for Respondent to take a random drug screen. Respondent did not complete the screen. Respondent was asked to submit to a hair follicle test, which she refused. Respondent had agreed to submit to a urine test, but she never completed the test.

The trial court held another permanency planning hearing on 13 June 2018. The trial court found Respondent had returned and attended three of seven scheduled therapy sessions since the 21 February 2018 permanency planning hearing. The trial court also found Respondent had enrolled in, but had not attended domestic violence counseling. Respondent attended a psychiatric evaluation and was prescribed medication on 14 May 2018.

Respondent discussed her drug tests with her social worker on 12 July 2018. Respondent did not say why she had refused prior tests although she explained she used marijuana to sleep. She also admitted to using cocaine, but asserted it was prescribed.

The trial court held another permanency planning hearing on 8 August 2018. The district court ordered Respondent to undergo a urine drug test, which results returned positive for cocaine. At the 7 September 2018 permanency planning hearing, Respondent also admitted to having smoked marijuana two to three weeks earlier. Respondent did not submit to further drug screens from 7 September 2018 until 20 March 2019.

DSS asked Respondent to submit to nineteen drug screens between 7 November 2021 and 9 August 2022. Respondent completed two screens: one on 7 November 2019; and, one on 6 January 2020. Both screens were negative.

From November 2019 until 9 August 2022, Respondent attended therapy sessions five times. Respondent reported she did not need to take her prescribed mental health medications and did not comply with recommendations for medication management.

DSS learned Respondent was ten weeks pregnant with twins on 17 June 2019. Respondent's social worker spoke with her the next day. Respondent denied being pregnant, despite DSS having proof of her pregnancy. Respondent's social worker also sent a letter inquiring if she was receiving pre-natal care. Respondent did not respond.

Respondent gave birth to twin daughters, Fran and Heather, on 24 October 2019. The twins were born at 33 weeks and remained hospitalized for five weeks after birth. Their juvenile petitions did not allege any positive drug screening or testing was completed.

One of the putative fathers, a registered sex offender with multiple assault convictions, visited Respondent at the hospital and argued with hospital staff. Respondent refused to provide the names of the putative fathers of the twins until 22 January 2020. Both putative fathers had prior criminal charges involving minor children. Both putative fathers were later excluded as being Fran's and Heather's father by paternity testing.

DSS filed a petition alleging Fran and Heather were neglected and dependent on 6 November 2019 and took nonsecure...