In the Matter of S.R.M., No. COA08-571 (N.C. App. 1/6/2009)
| Decision Date | 06 January 2009 |
| Docket Number | No. COA08-571,COA08-571 |
| Parties | IN THE MATTER OF: S.R.M., C.P.S.H., S.A.M. |
| Court | North Carolina Court of Appeals |
Juanita B. Allen for Petitioner-Appellee Cabarrus County Department of Social Services.
Pamela Newell Williams for Guardian ad Litem Appellee.
Richard Croutharmel for Respondent-Mother Appellant.
Peter Wood for Respondent-Father Appellant.
On 3 November 2005, the Cabarrus County Department of Social Services ("DSS") filed a juvenile petition alleging the neglect of S.A.M., a three-year-old girl, S.R.M., a six-year-old girl, and C.P.S.H., a fourteen-year-old boy, and the children were placed in the nonsecure custody of DSS on that day. Respondent-Mother, the mother of all three children, and Respondent-Father, the father of S.A.M. and S.R.M., entered into a consent order on 17 November 2005, whereby the children were adjudicated neglected. The permanent plan for the children was reunification with either or both Respondents. Between November 2005 and August 2006, the trial court reviewed the matter three times without changing the status of the case. On 17 August 2006, DSS filed a second petition alleging sexual abuse of S.A.M. and S.R.M. by Respondent-Father, and neglect of all three children. Respondents signed a Memorandum of Judgment/Order and the trial court dismissed that petition on 16 November 2006.
Between August 2006 and March 2007, the trial court reviewed the matter five times without changing the status of the case. On 15 March 2007, the trial court changed the permanent plan for the children from reunification with Respondents to adoption, and ordered DSS to take timely steps to achieve that permanent plan. DSS filed a Motion in the Cause to Terminate Parental Rights on 12 June 2007.
The trial court conducted the termination of parental rights ("TPR") hearing between 27 September 2007 and 25 January 2008 in 12 different sessions. The trial court terminated Respondents' parental rights on 25 January 2008 and reduced its order to writing on 14 February 2008. From this order terminating their parental rights, Respondents appeal.
DSS has been involved with Respondents on multiple occasions since 2001 when DSS received reports alleging neglect and lack of proper care of the children. The family's issues were unemployment, unstable housing, lack of supervision, failure to get the children to medical appointments, failure to ensure the children took their medications, and Respondent-Mother's substance abuse. DSS received another report on 21 October 2003 alleging that C.P.S.H. had mental health issues which were not being addressed by Respondents.
Respondents thereafter entered into a case plan on 10 December 2003 whereby they agreed to follow through with mental health recommendations, to send the children to school clean, to schedule an eye appointment for S.A.M., and to meet with a social worker to discuss their status.
By March 2004, Respondents had not met their case plan goals. As a result, Respondents entered into another case plan on 10 March 2004. They were referred to six weeks of Family Preservation Services ("FPS"). However, Respondent-Mother failed to keep mental health appointments for herself and for C.P.S.H., tested positive for cocaine, and left an agreed-upon detoxification program after only a few hours.
On 4 June 2004, DSS received another report describing physical abuse of the two girls. Due to Respondents' lack of progress on their case plan, Respondents entered into another case plan on 10 June 2004, and on 11 August 2004, again agreed to work with FPS. Because of continued lack of progress on their case plan, however, Respondents entered into yet another case plan on 10 September 2004. On 15 September 2004, Lisa Fullerton, a DSS social worker, referred Respondent-Mother to Treatment and Education of Autistic and related Communication-handicapped CHildren ("TEACCH")1 for an evaluation. Respondent-Mother was not responsive to attempts by TEACCH personnel to contact her.
By 21 September 2004, C.P.S.H.'s outbursts at school were severe. On 23 September 2004, Respondent-Mother admitted that she had failed to take him to his mental health appointments. She also failed to report for a random drug screen on 24 September 2004 and admitted that she was not taking her prescribed mental health medication.
DSS received two reports in June 2005 wherein Respondent-Mother stated S.R.M. said Respondent-Father had hurt her with Respondent-Mother's vibrator. It was also alleged that C.P.S.H. was autistic and that he had admitted to touching S.A.M.'s vagina. DSS substantiated neglect on 20 September 2005 due to Respondents' repeated failure to provide proper supervision and their unstable housing situation.
C.P.S.H. was admitted to Brynn Marr Psychiatric Residential Treatment Facility in Jacksonville, North Carolina, on 26 September 2005 to address his aggressive behaviors and to monitor his medication. He was diagnosed with Asperger's Syndrome,2 Motor Dyspraxia, Attention Deficit Disorder, and Oppositional Defiant Disorder.
DSS received a report on 19 October 2005 alleging neglect of S.R.M. in that she was sent to school with dirty clothes and smelling badly. She was also urinating frequently in her clothing. On 3 November 2005, DSS received a new report for improper supervision. Respondent-Mother had been in Cabarrus County criminal court on that day with S.R.M. and had left the child with a total stranger who was observed inappropriately disciplining other children. DSS filed a juvenile petition on 3 November 2005 alleging the children to be neglected, and assumed nonsecure custody of the children that day. After a hearing, the trial court entered an order for continued nonsecure custody on 10 November 2005.
On 17 November 2005, Respondents entered into a consent order whereby the children were adjudicated neglected. The permanent plan for the children was reunification with either or both Respondents. To address the issues which led to the children's removal from their care, Respondents were ordered to comply with the following tasks: 1) submit to a psychological evaluation and follow through with all treatment recommendations; 2) submit to a substance abuse assessment and follow through with any treatment recommendations; 3) submit to random drug screens; 4) attend Alcoholics Anonymous meetings and/or Narcotics Anonymous meetings as recommended by the treatment provider; 5) abstain from using any impairing substances; 6) attend a parenting course and demonstrate the skills learned during visitation; 7) obtain and maintain stable employment; 8) obtain and maintain suitable housing appropriate for the placement of the children; 9) contact the assigned social worker every other week; 10) abide by the visitation plan entered into with DSS; and 11) utilize their own transportation or the bus system to make any scheduled appointment or meeting.
S.A.M. was initially placed in a foster home. She had crossed eyes and Respondents had failed to follow through with a recommendation that she have surgery to correct the condition. S.A.M. had successful eye surgery after DSS obtained custody of her. S.A.M. was moved to a therapeutic foster home on 8 November 2005 due to her difficult behaviors. After further testing, S.A.M was diagnosed on 30 June 2006 with Pervasive Developmental Delay, Articulation Disorder, and Developmental Coordination Disorder.
S.R.M. was placed in a foster home. She was found to suffer from a severe case of head lice. She was also diagnosed with mild autism, was placed in the Exceptional Children's Program, and an Individual Education Plan was developed for her. On 3 March 2006, S.R.M. was moved to the same therapeutic foster home as S.A.M.
C.P.S.H. remained at Brynn Marr Psychiatric Residential Treatment Facility. On 8 March 2006, he moved to Genesis Family Home in Cabarrus County. He completed all his goals at Genesis and was then placed in a therapeutic foster home through Turning Point Homes, Inc. Although he was doing very well at his placement, the foster home was destroyed by fire on 1 November 2007, and he was moved to another therapeutic foster home, also through Turning Point Homes, Inc.
On 2 February 2006, after finally contacting TEACCH on 5 December 2005, Respondent-Mother was evaluated by TEACCH and diagnosed on that day with high-functioning autism. After a review hearing conducted on 16 February 2006, the trial court found Respondents had made reasonable progress in addressing the issues that led to the placement of the children and ordered custody of the children to remain with DSS. Visitation with Respondents was allowed once per week for one hour with unsupervised visitation beginning at the discretion of DSS. Visits progressed from unsupervised day visits to unsupervised overnight visits. All three children had their first overnight visit on 15 April 2006. It was reported to DSS that the children came back from their visits with poor hygiene and that S.R.M. and S.A.M. regressed from their potty training, often soiling their clothing after returning from visits with Respondents. S.A.M.'s behavior deteriorated, especially at daycare, after unsupervised visits began.
On 1 May 2006, DSS received a report alleging sexual abuse of the girls by Respondent-Father. It was stated that upon cleaning S.A.M. after she had soiled herself, it was noted that her vaginal area was extremely red. When asked if anyone had touched her down there, S.A.M. did not respond. S.R.M. was taken into a separate room and asked if anyone had touched her down there and S.R.M. responded, "Only daddy[.]" S.R.M. described being outside to play and when she came inside to change, R...
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