In re T.F

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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. NO. COA13-731 NORTH CAROLINA COURT OF APPEALS Filed: 19 November 2013 IN THE MATTER OF: T.F., N.S. Warren County Nos. 07 JA/JT 43-44 Appeal by respondent from order entered 8 April 2013 by Judge Randolph Baskerville in Warren County District Court. Heard in the Court of Appeals 28 October 2013. No brief filed for petitioner Warren County Department of Social Services. Marie H. Mobley, for guardian ad litem. Ryan McKaig, for respondent-appellant. CALABRIA, Judge. Respondent, (collectively, the the mother of juveniles ), terminating her parental rights. parental rights, and the father have been terminated. juveniles T.F. and appeals from an N.S. order T.F. s father relinquished his parental rights of N.S. s unknown As such, neither of the juveniles respective fathers are parties in this appeal. We affirm. -2This matter is before this Court for a second time. The full facts of this case are set forth in In re T.F., __ N.C. App. __, 738 S.E.2d 830 (2013) (unpublished, COA12-1082). On 6 September 2007, the Warren County Department of Social Services ( DSS ) filed juvenile petitions alleging that T.F. and N.S. were neglected and dependent juveniles. adjudicated the juveniles as dependent and The trial court DSS subsequently filed a motion to terminate respondent s parental rights. February 2011, the motion. trial court entered an order On 24 denying the The trial court found that grounds existed to terminate respondent s parental rights under N.C. Gen. Stat. § 7B- 1111(a)(2). However, the trial court concluded it was not in the best interests of the juveniles to terminate respondent s parental rights at that time. DSS subsequently filed another motion respondent s parental rights on 28 June 2011. to terminate After a hearing, the trial court found grounds existed to terminate respondent s parental rights under N.C. Gen. Stat. § 7B-1111(a)(2) and N.C. Gen. Stat. § 7B-1111(a)(3) (willfully leaving the juveniles in foster care reasonable portion of for more progress; the cost than twelve willfully of care months failing for to the without pay a juveniles showing reasonable although -3physically and financially able to do so). The trial court entered an order terminating respondent s parental rights on 12 June 2012. terminate Stat. § On appeal, this Court held that grounds existed to respondent s parental 7B-1111(a)(2), dispositional hearing but after rights remanded pursuant the determining to matter that the N.C. for a trial Gen. new court failed to make sufficient findings of fact indicating that it considered the statutory factors listed in N.C. Gen. Stat. § 7B1110(a) regarding the best interests of the juveniles. T.F., __ N.C. App. at ___, 738 S.E.2d at ___. The trial court held a hearing on remand on 26 March 2013, made findings of fact, and again concluded that termination of respondent s parental rights was in the best interests of the juveniles. Respondent appeals. Respondent s sole argument on appeal is that the trial court erred by concluding it was in the best interests of the juveniles to terminate her parental rights. We disagree. As an initial matter, respondent contends that the court s prior order denying a motion to terminate parental rights is evidence that the current order is a mistake on the part of the trial court. However, the record indicates that DSS made reasonable efforts to aid respondent to keep the family intact -4and make progress towards reunification for over two years after the juveniles were removed. Furthermore, the actions of the court indicate the willingness to deny a request to terminate parental rights if there was a reasonable hope that the family unit could be reunited within a reasonable period of time. N.C. Gen. Stat. § 7B-100(5) (2011). denial of the motion to terminate See The trial court s initial reflects those efforts. However, with the filing of the new motion to terminate parental rights, the trial court maintained discretion in determining whether termination of parental rights was in the best interests of the juveniles, and upon the relevant statutory findings may terminate parental rights. N.C. Gen. Stat. § 7B-1110 (2011). Respondent concedes that the trial court made all necessary findings on remand, but argues that the trial court nevertheless erred in finding that termination was in the best interests of the juveniles. Specifically, respondent asserts that the trial court failed to adequately consider the juveniles strong bond with their mother and that reunification within a short period of time. would be possible Because respondent does not contest the trial court s findings of fact, they are deemed to be supported by competent evidence and are therefore binding on appeal. N.C.R. App. P. 28(b)(6); In re P.M., 169 N.C. App. 423, -5424, 610 S.E.2d 403, 404-05 (2005) (concluding respondent had abandoned factual specifically assignments argue in her of error when that [the brief she failed findings] to were unsupported by evidence ). It is important to note that the relevant statute sets forth six factors determining juvenile s a for the juvenile s age and trial court s likelihood of in interests, best consideration including the adoption; the parent-child bond; whether the termination of parental rights will aid in the juvenile s DSS permanent plan; the quality of the relationship between the juvenile and the proposed adoptive parent; and any other relevant (2011). The consideration. parent-child N.C. bond Gen. only is Stat. one considered, and by itself is not dispositive. § of 7B-1110(a) the factors See id.; see In re C.L.C., 171 N.C. App. 438, 448, 615 S.E.2d 704, 709-10 (2005) (upholding the trial court s decision when a respondent s bond with her inter children alia, her was outweighed failure to by complete other facts, parenting including, classes, support, or obtain stable housing and employment). pay The fact that the parent loves or is concerned about [her] child will not necessarily The welfare prevent or best the court interest from of making the child a determination[.] is always to be -6treated as the paramount consideration to which even parental love must yield. In re P.L.P., 173 N.C. App. 1, 9, 618 S.E.2d 241, 246 (2005) (citation and quotation marks omitted). A trial court s decision to terminate parental rights is reversible only if the trial court abused its discretion in doing so, In re D.W.C., 205 N.C. App. 266, 271, 698 S.E.2d 79, 82-83 (2010), meaning the court s ruling is manifestly unsupported by reason or so arbitrary that it could not have been the result of a reasoned decision. In re C.I.M., 214 N.C. App. 342, 347, 715 S.E.2d 247, 251 (2011) (citation omitted). In the instant case, the trial court made specific findings addressing 1110(a). the factors set forth in N.C. Gen. Stat. § 7B- The trial court recognized that [t]he children love their mother and the mother loves the children. Respondent contends that this finding indicates the court acknowledged a strong bond therefore rights. between should not respondent have and terminated the juveniles, respondent s and parental However, the trial court did not specifically find that the parent-child bond was strong, apparent during therapy sessions. but that it became more The trial court also found that respondent had no structure with the juveniles negative behaviors increased juveniles after having and the contact -7with respondent. During eight months of therapy sessions, there was no growth on respondent s part in recognizing and redirecting the juveniles negative behavior. Moreover, the trial court found that the juveniles had been in the non-secure custody of DSS since 5 September 2007. T.F. and N.S. had been placed in foster care when they were both under the age of three. At the time the court ordered termination of respondent s parental rights, the juveniles had been in foster care for over five years, a period of time which encompasses almost their entire lifetimes. The trial court further found that the juveniles have a strong bond with their foster mother, that their relationship is one of stability and love, and that the foster mother will likely adopt the juveniles. One of the guiding principles of the Juvenile Code is to provide standards to ensure that the best interests of the juvenile are of paramount consideration by the court and that when it is not in the juvenile s best interest to be returned home, the juvenile will be placed in a safe, permanent home within a reasonable amount of time. Gen. Stat. § 7B 100(5) (2011) (emphasis added). Since N.C. the juveniles had been in foster care for over five years at the -8time respondent s parental rights were terminated, more than a reasonable amount of time had elapsed. The trial court made additional dispositional findings that adoption was termination the permanent plan for the juveniles, and of respondent s parental accomplishing the permanent plan. rights would aid that in These findings address the relevant factors in N.C. Gen. Stat. § 7B-1110(a) and demonstrate that the trial court reached a reasoned decision upon these factors. The trial court made the necessary and relevant findings under N.C. Gen. Stat. § 7B-1110(a), and those findings demonstrate a reasoned decision within the court s discretion. We conclude that the trial court did not abuse its discretion and affirm the decision of the trial court. Affirmed. Judges HUNTER, Robert C. and HUNTER, JR., Robert N. concur. Report per Rule 30(e).

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