An unpublished opinion of the North Carolina Court of Appeals does not constitute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. COA14-352
NORTH CAROLINA COURT OF APPEALS
Filed: 19 August 2014
IN THE MATTER OF:
K.B.J.N. Mecklenburg County
J.S.N., Nos. 12 JT 308-09
Minor Children
Appeal by respondent mother from order entered 27 December
2013 by Judge Rickye McKoy-Mitchell in Mecklenburg County
District Court. Heard in the Court of Appeals 28 July 2014.
Twyla Hollingsworth-Richardson for petitioner-appellee
Mecklenburg County Department of Social Services, Division
of Youth and Family Services.
J. Thomas Diepenbrock for respondent-appellant mother.
Ellis & Winters LLP, by Lauren A. Golden, for guardian ad
litem.
HUNTER, Robert C., Judge.
Respondent mother appeals from the trial court’s order
terminating her parental rights to the juveniles K.B.J.N. and
J.S.N. Respondent contends the trial court erred by failing to
make sufficient findings of fact to demonstrate it had
considered each of the relevant statutory factors in determining
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it was in the juveniles’ best interests to terminate her
parental rights. We affirm in part and remand for further
findings of fact in part.
Background
On 21 May 2012, the Mecklenburg County Department of Social
Services, Division of Youth and Family Services (“YFS”) filed a
petition alleging the juveniles were neglected and dependent.
YFS averred that respondent and her boyfriend were involved in
incidents of domestic violence and substance abuse and were
unable to provide for the basic needs of the juveniles. The
juveniles were placed in non-secure custody.
Respondent reached a mediated agreement with YFS and agreed
to a case plan that included substance abuse, mental health, and
domestic violence treatment; visitation; parenting skills
training; and that she would maintain sufficient income,
employment, and housing. On 3 August 2012, the trial court
entered an order adjudicating the juveniles neglected and
dependent and ordering respondent to comply with the terms of
the mediated agreement. On 14 March 2013, the trial court
entered an order changing the permanent plan for the juveniles
to adoption.
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YFS filed petitions to terminate respondent’s parental
rights on 26 March 2014. The petitions alleged grounds to
terminate respondent’s parental rights to each of the juveniles
pursuant to N.C. Gen. Stat. § 7B-1111(a)(1) and (3) (2013),
based on neglect and willful failure to pay a reasonable portion
of the cost of care. After an adjudication and disposition
hearing, the trial court entered an order terminating
respondent’s parental rights on 27 December 2013. The trial
court concluded the evidence supported both grounds alleged and
that termination was in the juveniles’ best interests.1
Respondent appeals.
Discussion
In her sole argument on appeal, respondent contends the
trial court erred by failing to make sufficient findings to
demonstrate it considered all of the relevant best interests
factors. We agree with respondent’s argument, in part.
We first note that respondent does not challenge the trial
court’s conclusion that two grounds existed to terminate her
parental rights. Once the trial court has determined a ground
for termination exists, it moves on to the disposition stage,
1
The order also terminated the parental rights of K.B.J.N.’s
father, but he is not a party to this appeal. J.S.N.’s father
is deceased.
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where it must determine whether termination is in the best
interests of the juvenile. N.C. Gen. Stat. § 7B-1110(a) (2013).
The trial court’s best interests decision is reviewed for an
abuse of discretion. In re Anderson, 151 N.C. App. 94, 98, 564
S.E.2d 599, 602 (2002). In determining the best interests of
the juvenile, the trial court shall consider the following
factors:
(1) The age of the juvenile.
(2) The likelihood of adoption of the
juvenile.
(3) Whether the termination of parental
rights will aid in the accomplishment of the
permanent plan for the juvenile.
(4) The bond between the juvenile and the
parent.
(5) The quality of the relationship between
the juvenile and the proposed adoptive
parent, guardian, custodian, or other
permanent placement.
(6) Any relevant consideration.
N.C. Gen. Stat. § 7B-1110(a). The trial court must make written
findings addressing any relevant factors, including the parent’s
bond with the juvenile. In re J.L.H., ___ N.C. App. ___, ___,
741 S.E.2d 333, 337-38 (2012).
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Here, the trial court made a single finding that
demonstrates it considered most of the relevant statutory
factors:
23. The juveniles are in the same placement
and have been with their maternal aunt [Ms.
D] since entering custody. They are
thriving and bonded to her. The Court finds
that given the age of the juveniles, the
high likelihood of them being adopted by
their maternal aunt, the strong bond with
their relative placement, the quality of
care the juveniles have received in their
aunt’s care, and the likelihood that both
the adoption and providing the children a
loving nurturing permanent home with the
maternal aunt, [Ms. D] if the TPR is
granted, the Court finds it is in the best
interests of the children to grant the
Termination.
Respondent does not dispute that this finding confirms the trial
court considered the juveniles’ likelihood of adoption and their
strong bond with the potential adoptive placement, their
maternal aunt. Further, contrary to respondent’s argument, the
phrase, “given the age of the juveniles” shows the trial court
gave due consideration to the juveniles’ age. In addition, the
language of the finding also demonstrates that the trial court
considered whether termination of respondent’s parental rights
would aid in the accomplishment of the permanent plan of
adoption.
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Respondent’s remaining contention is that finding of fact
twenty-three does not address the bond between herself and the
juveniles. We believe, in light of our prior opinion in In re
J.L.H., ___ N.C. App. at ___, 741 S.E.2d at 337-38, that the
trial court was required to make an explicit finding addressing
the bond between respondent and the juveniles, because the
record contains evidence from which the trial court could make
such a finding. In fact, the trial court did make a finding
addressing respondent’s visitation with the juveniles, but
failed to make any finding explicitly addressing N.C. Gen. Stat.
§ 7B-1110(a)(4). Accordingly, we must remand.
Conclusion
After careful review, we affirm the termination order in
part, but remand the matter for the trial court to make explicit
findings addressing respondent’s parental bond with the
juveniles.
AFFIRMED IN PART; REMANDED IN PART.
Judges DILLON and DAVIS concur.
Report per Rule 30(e).