IN THE SUPREME COURT OF NORTH CAROLINA
No. 214A19
Filed 1 November 2019
IN THE MATTER OF: J.E.
Appeal pursuant to N.C.G.S. § 7B-1001(a1)(1) from an order entered on 25
February 2019 by Judge Jimmy Myers in District Court, Davie County. This matter
was calendared in the Supreme Court on 4 October 2019 but was determined on the
record and briefs without oral argument pursuant to Rule 30(f) of the North Carolina
Rules of Appellate Procedure.
No brief filed for petitioner-appellee Davie County Department of Social
Services.
Parker Poe Adams & Bernstein LLP, by Stephen V. Carey, for Guardian ad
Litem.
Mary McCullers Reece for respondent-appellant mother.
BEASLEY, Chief Justice.
Respondent, the mother of J.E. (Jason)1, appeals from the trial court’s 25
February 2019 order terminating her parental rights. Respondent’s counsel has filed
a no-merit brief pursuant to N.C. R. App. P. 3.1(e). We conclude that the issues
identified by counsel in respondent’s brief lack merit and affirm the trial court’s order.
1 A pseudonym is used to protect the identity of the juvenile and for ease of reading.
IN RE: J.E.
Opinion of the Court
The Davie County Department of Social Services (DSS) has been involved with
respondent and her family since November 2016. On 18 November 2016, DSS
received a child protective services report that Jason arrived at pre-school with a pill
bottle containing twenty-four pills and labeled with respondent’s name. Upon further
assessment, respondent reported to a social worker that she had an addiction issue
and most recently used cocaine on 17 November 2016 while supervising Jason.
Respondent also reported that on 22 November 2016, she and her boyfriend were
involved in a domestic altercation while Jason was present. On 28 November 2016,
DSS obtained nonsecure custody of Jason and filed a petition alleging that Jason was
a neglected and dependent juvenile. Following an adjudication hearing held on 6
February 2017, the trial court entered an order adjudicating Jason as a neglected and
dependent juvenile.
On 10 October 2018, DSS filed a petition to terminate respondent’s parental
rights on the grounds of neglect and willfully leaving Jason in placement outside of
the home for more than twelve months without showing reasonable progress to
correct the conditions that led to his removal. See N.C.G.S. § 7B-1111(a)(1)–(2) (2017).
Following hearings held on 7 January and 4 February 2019, the trial court entered
an order on 25 February 2019 terminating respondent’s parental rights on both
grounds alleged by DSS. Respondent gave timely notice of appeal to this Court
pursuant to N.C.G.S. §§ 7A-27(a)(5) and 7B-1001(a1)(1).
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IN RE: J.E.
Opinion of the Court
Respondent’s counsel has filed a no-merit brief on behalf of respondent
pursuant to Rule 3.1(e) of the North Carolina Rules of Appellate Procedure. Counsel
has advised respondent of her right to file pro se written arguments on her own behalf
with this Court, and counsel has provided respondent with the documents necessary
to do so. Respondent has not submitted any written arguments.
We independently review issues contained in a no-merit brief filed pursuant to
appellate rule 3.1(e). In re L.E.M., 831 S.E.2d 341, 345 (N.C. 2019). Respondent’s
counsel identified two issues that could arguably support an appeal but stated why
she believed both of these issues lacked merit. Based upon our careful review of the
issues identified in the no-merit brief in light of our consideration of the entire record,
we are satisfied that the trial court’s 25 February 2019 order was based on “clear,
cogent, and convincing evidence” supporting statutory grounds for termination of
parental rights. See N.C.G.S. § 7B-1109(f). Accordingly, we affirm the trial court’s
order terminating respondent’s parental rights.
AFFIRMED.
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