In re D.M.P., 090517 NCCA, COA17-297

Court:Court of Appeals of North Carolina
Attorney:Wake County Attorney's Office, by Mary Boyce Wells, for Petitioner-Appellee Wake County Human Services. Miller & Audino, LLP, by Jay Anthony Audino, for Respondent-Appellant Father. Kilpatrick Townsend & Stockton LLP, by Susan H. Boyles and Chris W. Haaf, for Guardian ad Litem.
Judge Panel:Judges CALABRIA and DAVIS concur.
Opinion Judge:DILLON, Judge.
Party Name:IN THE MATTER OF: D.M.P., Jr.
Case Date:September 05, 2017
Docket Nº:COA17-297
 
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IN THE MATTER OF: D.M.P., Jr.

No. COA17-297

Court of Appeals of North Carolina

September 5, 2017

         An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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 8 August 2017.

         Appeal by Father from order entered 6 December 2016 by Judge Keith Gregory in Wake County No. 15 JT 276 District Court.

          Wake County Attorney's Office, by Mary Boyce Wells, for Petitioner-Appellee Wake County Human Services.

          Miller & Audino, LLP, by Jay Anthony Audino, for Respondent-Appellant Father.

          Kilpatrick Townsend & Stockton LLP, by Susan H. Boyles and Chris W. Haaf, for Guardian ad Litem.

          DILLON, Judge.

         Father appeals from an order terminating his parental rights to D.M.P, Jr. After careful review, we affirm.

         In September 2015, Wake County Human Services ("WCHS") obtained nonsecure custody of the juvenile and filed a petition alleging that he was neglected and dependent based in part on domestic violence between the parents and unstable housing. The parties consented to an order adjudicating the juvenile neglected and dependent, which was entered in November 2015. In the dispositional portion of the order, the trial court determined that it was in the juvenile's best interest to remain in WCHS custody.

         In September 2016, WCHS filed a motion to terminate Father's parental rights to the juvenile based on a number of grounds, pursuant to N.C. Gen. Stat. §§ 7B-1111(a)(1)-(3), (5)-(7) (2015). Three months later, the trial court entered an order concluding that termination of Father's parental rights was justified based upon two of the grounds; namely, neglect and failure to make reasonable progress. The trial court also concluded that termination of parental rights was in the juvenile's best interest. Father gave timely notice of appeal. The parental rights of the juvenile's mother were also terminated, but she has not appealed.

         Father's counsel has filed a no-merit...

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