In re A.K.R.

1

IN THE MATTER OF: A.K.R. & A.C.R.

No. COA22-627

Court of Appeals of North Carolina

April 4, 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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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 22 March 2023.

Appeal by respondent from judgments entered 26 April 2022 by Judge Marion M. Boone in Stokes County, Nos. 20JT66-67 District Court.

Peter Wood, for the respondent-appellant-mother.

Jennifer Oakley Michaud for petitioner-appellee Stokes County Department of Social Services.

Administrative Office of the Courts, by GAL Appellate Attorney James N. Freeman, Jr., for guardian ad litem.

TYSON Judge.

Mother appeals from orders entered on 26 April 2022, which terminated Mother's parental rights and the parental rights for each child's respective Father. We affirm.

I. Background

Stokes County Department of Social Services ("DSS") obtained custody of Mother's children, Ava and Archie who were adjudicated as neglected juveniles on 15 June 2020. See N.C. R. App. P. 42(b) (pseudonyms used to protect the identity of minors).

DSS began investigating Mother after receiving a Child Protective Services Report on 24 May 2020. The anonymous reporter ("Reporter") watched and recorded a Facebook live video broadcasted from Mother's account. According to Reporter, Mother "looked messed up" and told all of the viewers to "come to her apartment." Reporter "could hear one of the kids [i]n the background and people commenting on the post."

Reporter expressed concerns because they believed Mother had "recently overdosed and had to be given Narcan." Reporter explained they had tried to reach out to Mother's father for help, but they are estranged. Ava was five years old at the time the anonymous report was submitted, and Archie was three years old.

DSS assigned a social worker to investigate the report. The social worker was unable to locate the family or reach them via telephone, but she was able to gather additional information about Mother. The social worker confirmed Mother had overdosed in March 2020. She also learned Mother had pending criminal charges for driving while impaired and stalking, and she had been arrested for failure to cooperate.

The social worker also learned Rockingham County Department of Social Services ("RCDSS") had previously obtained custody of Ava and Archie in 2017. RCDSS records revealed law enforcement officers had responded to a call regarding an intoxicated female. When they arrived at the address, "they found [Mother] intoxicated and they felt that by her behaviors[,] such as attempting to bite others, cursing, and laughing to herself for no reason that she was possibly under the influence of flocka." Law enforcement officers discovered the address they had arrived at was not Mother's home, but "she had brought her children with her and they were inside the home with an unknown male who was also intoxicated."

About one week after Reporter filed the anonymous report to DSS, Mother started another Facebook live video. Mother again "appeared impaired" and the video featured her children. The next day, the social worker was informed Mother "had overdosed and was taken to Morehead Hospital and transferred to Chapel Hill because she wasn't going to make it." While in the hospital, Mother told the social worker she would consent to a drug test and promised the test would only identify "pot." Later that day, however, Mother refused to comply with any of DSS's requests, and, "three days later, Mother refused a drug test." Mother refused a second drug test on 11 June 2020.

Mother demonstrated a negative attitude towards DSS. When DSS tried to administer a drug test on 8 June 2020, Mother called the case plan "bullsh*t." When DSS tried to schedule a Child and Family Team Meeting with Mother, she called the plan "illegal," said she would not allow DSS to take her children, and told the social worker "you can't expect me to drop my life and run because I have to work." Mother also would not maintain contact with her attorney. As a result of Mother's behaviors, DSS obtained custody of Ava and Archie.

Mother agreed to and signed the following case plan with DSS on 11 June 2020:

a. Schedule and complete a Parenting Psychological Assessment with a credentialed provider. Honestly report history and current presenting concerns and follow any and all recommendations of the provider.

b. Sign consents for release of information allowing providers and Stokes DSS to communicate progress towards goals.

c. Participate in the juvenile's medical appointments, school meetings and other important meetings for the juvenile.

d. Schedule and complete a comprehensive clinical assessment for mental health and substance abuse from a credentialed agency. Honestly report history and current presenting concerns with the assessor and follow any and all recommendations of the provider.

e. Submit to random substance use screenings and medications counts as requested by Stokes DSS.

f. Maintain contact with Stokes DSS regarding the children's treatment and progress in therapy.

g. Maintain contact with Stokes DSS regarding progress on case plan goals.

h. Continue to have stable employment that provides legal income.

i. Provide proof of employment or income to Stokes DSS.

j. Maintain reliable transportation.

k. Continue to reside in a safe and stable environment that promotes consistency.

At the adjudication hearing held on 19 January 2022, the trial court entered identical findings for each juvenile in separate orders, stating:

19. That as of the date of today's hearing the Respondent Mother has not made reasonable progress on the goals laid out in his [sic] case plan.

a. The mother was not honest in her disclosure of her substance abuse history when her initial Comprehensive Clinical Assessment was completed on November 23rd, 2020, preventing the assessor from making recommendations which were truly tailored to the mother's substance abuse needs.

b. That the mother grossly underreported her substance abuse history in her initial Comprehensive Clinical Assessment and her Parenting Psychological Assessment.

c. That the mother has not maintained stable housing. The mother has entered rehabilitation facilities three different times and left all three prior to her successful completion of any of the rehabilitation programs and has not proffered her current address to Stokes DSS or the Court.

d. That the mother has not maintained employment.

e. That the mother does not currently have a driver's license or reliable means of transportation.

f. That the mother has not maintained consistent contact with Stokes DSS.

g. That the mother has not made herself available to drug screen for Stokes DSS on a regular basis. (Give history of her failure to screen) [sic]

h. That the mother failed to show up for a requested drug screen on June 12th, 2020, which was one day after she entered into her case plan.

i. The mother tested positive for ethanol on June 23rd, 2020.

j. The mother tested positive for methamphetamines on October 7th, 2020.

k. The mother tested positive for amphetamines and methamphetamines on February 16th, 2021.

...

24. That the mother's current address remains unknown, as up until the last week the Court was led to believe that the mother was residing in a rehabilitation facility which would allow her children to reside with her when in fact the mother had voluntarily left that facility prior to last week without successfully completing the rehabilitation program. The mother has not made any offer of proof as to where she is currently residing.

...

28. That the juvenile is a neglected juvenile and there is a reasonable likelihood of such neglect continuing into the future as the mother has not adequately addressed her substance abuse needs.

29. That the mother has neglected the juvenile by previously exposing the juvenile to her substance abuse and by not making reasonable progress on attaining continued sobriety. ...

34. That the mother has not shown to the Court that she has the capability to provide proper care and supervision to the juvenile.

35. That the mother cannot take care of herself and cannot reasonably proffer that she can take care of the juvenile.

36. That this matter has been going on for several months. The juvenile has been in the custody of Stokes DSS over nineteen months as of today's hearing.

37. That there have been at least three entrances into rehabilitation facilities by the mother during the pendency of this juvenile matter and the mother has quit each facility. The mother actually went AWOL from the last facility.

38. That the mother was residing in a different rehabilitation facility on the date that the Motion for Termination of Parental Rights was filed, almost six months ago, and subsequently left that facility prior to successfully completing the program.

39. That there has been no measurable progress by the mother in the last six months in addressing her substance abuse concerns.

40. That a new Comprehensive Clinical Assessment was never completed after the mother was dishonest in her substance abuse history reporting during the November 2020 Daymark Assessment.

41. That even after the mother had made some progress months ago with Intensive Outpatient Treatment, there were at least two positive drug screens.

42. That the mother has admitted she has a problem with alcohol which has not been addressed in treatment or therapy.

43. That the mother has not shown any reasonable initiative in complying with Stokes DSS and the Court in this matter.

The trial court concluded grounds...