IN THE SUPREME COURT OF NORTH CAROLINA
No. 232A19
Filed 1 November 2019
IN THE MATTER OF: J.B.S., M.C.S.
Appeal pursuant to N.C.G.S. § 7B-1001(a1)(1) from an order entered on 22
March 2019 by Judge Clifton H. Smith in District Court, Catawba 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.
Stephen M. Schoeberle for petitioner-appellee mother.
Richard Croutharmel for respondent-appellant father.
BEASLEY, Chief Justice
Respondent, the father of the minor children J.B.S. (John)1 and M.C.S. (Mary),
appeals from the trial court’s 22 March 2019 order terminating his parental rights.
Respondent’s counsel filed a no-merit brief pursuant to Rule 3.1(e) of the North
Carolina Rules of Appellate Procedure. We conclude that the issues identified by
counsel in respondent’s brief lack merit and affirm the trial court’s order.
Respondent and petitioner, mother of John and Mary, married in 2002,
separated in 2012, and subsequently divorced. Both John and Mary were born of the
1 Pseudonyms are used to protect the identity of the juveniles and for ease of reading.
IN RE: J.B.S., M.C.S.
Opinion of the Court
marriage. In May 2012, respondent and petitioner entered into a consent order by
which petitioner obtained primary custody and control of both John and Mary.
On 25 October 2017, petitioner filed petitions to terminate respondent’s
parental rights on the grounds of neglect by abandonment and willful abandonment.
See N.C.G.S. § 7B-1111(a)(1), (7) (2017). Petitioner alleged, inter alia, that although
respondent was entitled to have visitation with both John and Mary, he rarely
exercised those rights and that the last time respondent saw John and Mary was in
June 2015. Petitioner further alleged that respondent failed to lend support and
maintenance for John and Mary, withheld his presence, love, care, and affection from
John and Mary for more than six consecutive months immediately preceding the
petitions, and failed to send any birthday and Christmas cards or gifts for John and
Mary within the last three years.
Following a hearing held before the Honorable Clifton Smith on 20 February
2019 in District Court, Catawba County, the trial court entered an order on 22 March
2019 terminating respondent’s parental rights on both grounds alleged by petitioner.
Respondent appeals.
Respondent’s counsel has filed a no-merit brief on behalf of respondent
pursuant to North Carolina Rule of Appellate Procedure 3.1(e). Counsel has advised
respondent of his right to file pro se written arguments on his own behalf with this
Court, and counsel has provided respondent with the documents necessary to do so.
Respondent has not submitted any written arguments.
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IN RE: J.B.S., M.C.S.
Opinion of the Court
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
he believed both of these issues lacked merit. Based upon our careful review of the
issues identified in the no-merit brief and in light of our consideration of the entire
record, we are satisfied that the trial court’s 22 March 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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