Opinion
No. COA12–727.
2013-02-5
In the Matter of J.Z.B., C.J.B., and S.J.M.
No brief, for petitioner-appellee New Hanover County Department of Social Services. No brief, for guardian ad litem.
Appeal by respondent-mother from order entered 22 March 2012 by Judge Melinda H. Crouch in New Hanover County District Court. Heard in the Court of Appeals 28 January 2013. No brief, for petitioner-appellee New Hanover County Department of Social Services. No brief, for guardian ad litem.
Jeffrey L. Miller, for respondent-appellant mother.
MARTIN, Chief Judge.
Respondent-mother appeals from the trial court's order terminating her parental rights to J.Z.B., C.J.B., and S.J.M. We affirm the order of the trial court.
The trial court also terminated the parental rights of S.J.M.'s father and the unknown fathers of J.Z.B. and C.J.B. None of the fathers have appealed and they are not parties to this appeal.
New Hanover County Department of Social Services (“DSS”) filed a juvenile petition on 20 April 2010 alleging J.Z.B., C.J.B., and S.J.M. (collectively, “the juveniles”) were neglected. DSS filed a second petition on 23 April 2010 alleging C.J.B. and S.J.M. were neglected and dependent juveniles. DSS took non-secure custody of J.Z.B. on 20 April 2010 and C.J.B. and S.J.M. on 23 April 2010. At the adjudication and disposition hearing held on 3 June 2010, mother stipulated that at the time of the filing of the petition, the juveniles were neglected based on her substance abuse and mental health issues, failure to participate in treatment, and failure to comply with DSS instructions not to reside in the same home as the juveniles. By order filed 10 August 2010, the trial court adjudicated the juveniles neglected and noted that the allegations of dependency as to C.J.B. and S.J.M. were dismissed. After several permanency planning review hearings and mother's continued non-compliance with court orders, the trial court eventually ceased reunification efforts and approved adoption as the permanent plan for all three children.
On 5 October 2011, DSS filed a petition to terminate mother's parental rights, alleging as grounds: (1) neglect, N.C.G.S. § 7B–1111(a)(1); (2) failure to make reasonable progress, N.C.G.S. § 7B–1111(a)(2); (3) incapability of providing proper care and supervision, N.C.G.S. § 7B–1111(a)(6); and (4) willful abandonment, N.C.G.S. § 7B–1111(a)(7). N.C. Gen.Stat. § 7B–1111(a) (2011). On 6 February 2012, the trial court held a termination hearing, at which the trial court heard testimony from two DSS social workers, a DSS adoption supervisor, and the juveniles' maternal grandmother. In its termination entered 22 March 2012, the trial court made multiple findings of fact based upon clear, cogent, and convincing evidence, and concluded as a matter of law that grounds existed to terminate mother's parental rights pursuant to N.C.G.S. § 7B–1111 (a)(1), (a)(2), and (a)(7). The trial court further determined that termination of mother's parental rights pursuant to N.C.G.S. § 7B–1110 was in the best interests of the juveniles. N.C. Gen.Stat. § 7B–1110(a) (2011). From the order terminating her parental rights, mother appeals.
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Mother's counsel has filed a no-merit brief on her behalf in which he states that he has made “a conscientious and thorough review of the record on appeal” and that after extensive review, he concludes “that the record contains no issue of merit on which to base an argument for relief and the appeal would be frivolous.” Pursuant to North Carolina Rule of Appellate Procedure 3.1(d), he requests that this Court conduct an independent examination of the case. N.C.R.App. P. 3.1(d). In accordance with Rule 3.1(d), counsel wrote mother a letter on 11 July 2012 advising her of counsel's inability to find error, of counsel's request for this Court to conduct an independent review of the record, and of her right to file her own arguments directly with this Court within thirty days of the date of the filing of the no-merit brief. Counsel attached a copy of the record, transcript, and no-merit brief filed by counsel to the letter. Mother has not filed her own written arguments.
In addition to seeking review pursuant to Rule 3.1(d), counsel directs our attention to potential issues with regard to the trial court's findings and conclusions, as well as whether mother's trial counsel adequately represented her interests in the termination proceedings. Counsel, however, acknowledges that these issues would not alter the ultimate result.
After carefully reviewing the transcript and record, we are unable to find any possible prejudicial error in the trial court's order. The trial court's findings of fact support at least one ground for termination, i.e., neglect consisting of mother's recurrent drug use, drug-related criminal offenses, lack of contact and visitation with the children, and failure to comply with her case plan and court orders. We also conclude that the trial court did not abuse its discretion in determining that termination is in the best interests of the juveniles. See N.C. Gen.Stat. §§ 7B–1110–11. Accordingly, we affirm the trial court's order terminating mother's parental rights to J.Z.B., C.J.B., and S.J.M.
Affirmed. Judges McGEE and CALABRIA concur.
Report per Rule 30(e).