In re Z.D.
Decision Date | 20 March 2018 |
Docket Number | No. COA17-876,COA17-876 |
Court | North Carolina Court of Appeals |
Parties | In the MATTER OF: Z.D. |
Edward Eldred, Attorney at Law, PLLC, by Edward Eldred, for Petitioner-Appellees.
Peter Wood for Respondent-Appellant Mother.
No brief for Guardian ad Litem.
Where the evidence and findings of fact do not support the trial court's conclusion of law that grounds existed for termination of Respondent-Mother's parental rights, we reverse the trial court's order. Respondent-Mother ("Respondent") appeals from the trial court's order terminating her parental rights as to her son ("her son," "the son," or "the child") in this private termination action. Grounds for the termination were neglect, failure to make reasonable progress to correct the conditions that led to the removal of the son from Respondent's care, and dependency.
The Orange County Department of Social Services ("DSS") received a report on 4 October 2010 alleging that (1) Respondent was neglecting her son due to Respondent's mental health issues and drug use, (2) Respondent was leaving her son in unsafe situations in the home, and (3) Respondent was choosing unsafe childcare arrangements. Three days later, on 7 October 2010, Respondent left her son with a woman while she went to the grocery store. Respondent had just met the woman earlier that day. Respondent did not return to the woman's home to pick up her son, and later that evening family members located the son at the woman's home and he was placed with caretakers. Respondent was involuntarily committed to the hospital the next day. Respondent was later released from the hospital, and Child Protective Services provided in-home services.
Respondent was admitted to the UNC psychiatric clinic in January 2011 and was diagnosed with bipolar 1 disorder. DSS filed a juvenile petition on 25 January 2011, alleging that the child was a dependent and neglected juvenile. In an order entered 22 March 2011, the trial court adjudicated the child dependent but did not consider or rule upon the petition's neglect allegations. The trial court granted temporary custody to the child's "initial kinship" caregivers. Respondent received outpatient mental health services from February 2011 to March 2012. Respondent was then referred to the UNC Chatham Assertive Community Treatment ("ACT") Team, and has continued to work with the ACT Team.
After a review hearing on 2 June 2011, the trial court found that the caregivers were no longer able to care for the child and placed him in DSS custody. DSS subsequently placed the child in a kinship placement with Mr. and Mrs. J ("Petitioners"), who were friends of Respondent. The trial court granted legal custody of the child to Petitioners on 8 August 2012 and he has remained in their care since that time. The trial court granted Respondent a minimum of one hour of supervised visitation every two weeks and relieved DSS and the guardian ad litem of further responsibility in the case.
Petitioners moved to Pennsylvania in 2014 and Respondent's visitation was changed to one week of visitation every three months at Petitioners' home. Respondent's visits went well, but she continued to struggle with mental health issues. From 2011 to 2015, Respondent was admitted for multiple psychiatric hospitalizations, both voluntary and involuntary.
Despite Respondent's hospitalizations, Petitioners were committed to returning the child to Respondent's care.
However, on 17 July 2015, Petitioners filed a motion to modify visitation, alleging that the visitation schedule at the time was not in the child's best interest. In an order entered 7 October 2015, the trial court modified visitation to no longer require that Petitioners allow Respondent to stay in their home during visits, but continued the visitation schedule in all other respects.
Respondent was last hospitalized due to her mental illness in November 2015 and, since her release in December 2015, Respondent has remained symptom free from her bipolar disorder
. However, Petitioners filed a petition to terminate Respondent's parental rights as to her son on 21 June 2016. The petition alleged the grounds of (1) neglect, (2) failure to make reasonable progress to correct the conditions that led to the son's removal from Respondent's care, and (3) dependency. N.C. Gen. Stat. § 7B-1111(a)(1)-(2), (6) (2017). After a hearing on 17 April 2017, the trial court entered an order on 11 May 2017 terminating Respondent's parental rights on all three alleged grounds. Respondent appeals.
"This Court reviews a trial court's conclusion that grounds exist to terminate parental rights to determine whether clear, cogent, and convincing evidence exists to support the court's findings of fact, and whether the findings of fact support the court's conclusions of law." In re C.J.H., 240 N.C. App. 489, 497, 772 S.E.2d 82, 88 (2015). "If the trial court's findings of fact are supported by ample, competent evidence, they are binding on appeal, even though there may be evidence to the contrary." Id. (citation and quotation marks omitted). We review de novo whether a trial court's findings support its conclusions. See In re S.N., X.Z. , 194 N.C. App. 142, 146, 669 S.E.2d 55, 59 (2008) (citation omitted), aff'd per curiam, 363 N.C. 368, 677 S.E.2d 455 (2009).
The trial court must make "specific findings of the ultimate facts established by the evidence, admissions and stipulations which are determinative of the questions involved in the action and essential to support the conclusions of law reached." Quick v. Quick , 305 N.C. 446, 452, 290 S.E.2d 653, 658 (1982). The trial court's ultimate findings "must arise ‘by processes of logical reasoning from the evidentiary facts’ found by the court." In re A.B. , ––– N.C. App. ––––, ––––, 799 S.E.2d 445, 450 (2017) (quoting In re Anderson , 151 N.C. App. 94, 97, 564 S.E.2d 599, 602 (2002) ); see also In re D.M.O. , ––– N.C. App. ––––, ––––, 794 S.E.2d 858, 861 (2016) .
In the present case, the trial court made the following evidentiary findings of fact in support of its conclusion that grounds existed pursuant to N.C. Gen. Stat. § 7B-1111(a)(1), (2), and (6) to terminate Respondent's parental rights:
The trial court then made the ultimate findings of fact that:
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