Respondent also missed numerous visits with her children. This Court considered similar facts in In re Brim. 139 N.C. App. 733, 535 S.E.2d 367 (2000). The child in Brim was initially adjudicated neglected due to a spiral fracture in his arm.
"Termination of parental rights is a two-stage proceeding." In re Brim, 139 N.C. App. 733, 741, 535 S.E.2d 367, 371 (2000). At the adjudicatory stage, the trial court must determine that at least one ground for termination exists pursuant to N.C. Gen. Stat. § 7B-1111.
A termination of parental rights proceeding is conducted in two stages: (1) the adjudication phase, which is governed by N.C.G.S. § 7B-1109 and (2) the disposition phase, which is governed by N.C.G.S. § 7B-1110. See In re Brim, 139 N.C. App. 733, 738, 535 S.E.2d 367, 370 (2000). During the adjudication stage, petitioner has the burden of proof by clear, cogent, and convincing evidence that one or more of the statutory grounds set forth in N.C.G.S. § 7B-1111 for termination exists.
" Id. at 715, 319 S.E.2d at 232 (citation omitted) (first emphasis added).In re Brim, 139 N.C. App. 733, 742, 535 S.E.2d 367, 372 (2000) (second emphasis removed). In the instant case J.D.S. was adjudicated neglected mainly based on respondent's improper use of physical discipline, which included blows that left marks on J.D.S. The trial court's findings of fact from the 18 June 2001 order adjudicating J.D.S. neglected by respondent show that respondent was investigated on multiple occasions regarding the use of improper discipline, beginning when J.D.S. was about six months old. Respondent continued to use improper discipline, including an incident where respondent whipped J.D.S. with a belt, despite repeated admonitions by Child Welfare Services to refrain from such conduct.
Respondent-mother's unwillingness to seek counseling increases the likelihood that she will not be able to provide A.A. with adequate care. Having concluded that one ground for termination of parental rights exists, we need not address the additional ground found by the trial court. In re Brim, 139 N.C. App. 733, 743, 535 S.E.2d 367, 373 (2000). Once the trial court determines that a ground for termination exists, the court moves on to the disposition stage, where it must determine whether termination is in the best interest of the child.
If the trial court determines termination of parental rights is in the child's best interest, our Court reviews this determination for an abuse of discretion. See In re Brim, 139 N.C. App. 733, 745, 535 S.E.2d 367, 374 (2000) (applying abuse of discretion standard of review to trial court's decision that termination of parental rights was in the child's best interest). "Termination of parental rights is a two-stage proceeding."
Termination of parental rights involves a two-stage process. In re Brim, 139 N.C. App. 733, 741, 535 S.E.2d 367, 371 (2000). At the adjudicatory stage, the petitioner must establish by clear, cogent, and convincing evidence that sufficient grounds exist to terminate parental rights.
A termination of parental rights proceeding is conducted in two phases: (1) the adjudication phase which is governed by N.C.G.S. § 7B-1109 and (2) the disposition phase which is governed by N.C.G.S. § 7B-1110. See In re Brim, 139 N.C. App. 733, 741, 535 S.E.2d 367, 371 (2000). During the adjudication stage, petitioner has the burden of proof by clear, cogent, and convincing evidence of the existence of one or more of the statutory grounds for termination set forth in N.C.G.S. § 7B-1111.
Termination of parental rights proceedings are conducted in two phases: adjudication and disposition. See generally, In re Brim, 139 N.C. App. 733, 741, 535 S.E.2d 367, 371 (2000). During the adjudication phase, a petitioner has the burden of proving by clear, cogent and convincing evidence that one or more of the statutory grounds for termination exist.
A termination of parental rights proceeding is conducted in two phases: (1) the adjudication phase which is governed by N.C. Gen. Stat. §§ 7B-1109 and (2) the disposition phase which is governed by N.C. Gen. Stat. §§ 7B-1110. See In re Brim, 139 N.C. App. 733, 738, 535 S.E.2d 367, 370 (2000). During the adjudication stage, petitioner has the burden of proof by clear, cogent, and convincing evidence that one or more of the statutory grounds set forth in N.C. Gen. Stat. §§ 7B-1111 for termination exists.