In re B.M.B., 110519 NCCA, COA18-1241

Docket Nº:COA18-1241
Opinion Judge:BERGER, JUDGE.
Party Name:IN THE MATTER OF: B.M.B.
Attorney:DiRusso & DiRusso, by Gabriel H. Jimenez, for petitioner-appellee grandmother. Richard Blake Cheek for petitioner-appellee father. Richard Croutharmel for respondent-appellant mother. Lori D. Watson for guardian ad litem.
Judge Panel:Judges INMAN and MURPHY concur.
Case Date:November 05, 2019
Court:Court of Appeals of North Carolina
 
FREE EXCERPT

IN THE MATTER OF: B.M.B.

No. COA18-1241

Court of Appeals of North Carolina

November 5, 2019

An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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.

Heard in the Court of Appeals 4 September 2019.

Appeal by Respondent-Mother from order entered 4 September 2018 by Judge Marion Boone in Surry County No. 17 JT 75 District Court.

DiRusso & DiRusso, by Gabriel H. Jimenez, for petitioner-appellee grandmother.

Richard Blake Cheek for petitioner-appellee father.

Richard Croutharmel for respondent-appellant mother.

Lori D. Watson for guardian ad litem.

BERGER, JUDGE.

Respondent-Mother appeals from an order terminating her parental rights. We affirm the trial court's order.

Factual & Procedural Background

B.M.B. ("Berta")1 was born on January 12, 2007 to Respondent-Mother and her former husband ("Father"). Between 2011 and 2012, Respondent-Mother lived in a homeless shelter with Berta and Berta's half-sisters, A.S. and B.S., until Department of Social Services ("DSS") removed A.S. and B.S. from Respondent-Mother's custody. In the fall of 2013, Respondent-Mother and Father separated and agreed to share custody of Berta. In 2014, Respondent-Mother voluntarily placed Berta with her maternal grandmother ("Petitioner") and her boyfriend because she was unable to care for the child. Petitioner provides financial support, supplies clothing and necessities, and enrolls Berta in school.

On July 6, 2017, Petitioner was granted a domestic violence protection order (the "DVPO") against Respondent-Mother because she had pulled Berta's hair and stated that she was going to "kill" Berta for not leaving Petitioner's house. The DVPO prohibited Respondent-Mother from having any contact with Berta for one-year.

On September 29, 2017, Petitioner and her boyfriend filed a petition in Surry County District Court to terminate Respondent-Mother and Father's parental rights pursuant to Sections 7B-1111(a)(1), (a)(6), and (a)(9) of the North Carolina General Statutes. On August 2, 2018, the trial court terminated Respondent-Mother's parental rights to Berta; however, the trial court found insufficient grounds to terminate Father's parental rights. The adjudication order included the following relevant findings: 3. That, in 2014, the minor child [Berta], was living with the Petitioners on a primary basis, and there was no Court Order nor any other external obstruction in place preventing the Respondent/Mother from having or seeking custody of the child.

4. That, in 2015, the Respondent Mother was charged and convicted of multiple crimes involving the unlawful possession and use of controlled substances, including, but not limited to, knowingly maintaining a vehicle, dwelling house, or any place whatever which was resorted to by persons using controlled substances unlawfully or used for the unlawful keeping or selling of controlled substances.

5. That in 2015 the Court entered, following a contested action, a juvenile adjudication order finding that grounds to terminate the Respondent/Mother's parental rights to the minor children [A.S.] and [B.S.] and which justified terminating the Respondent/Mother parental rights existed and had been proven by clear and convincing evidence. That the same Court later entered a juvenile disposition order finding that the best interests and welfare of...

To continue reading

FREE SIGN UP