IN THE MATTER OF:
JESSEE LEE THOMPSON, Rowan County
DOB: 1/26/99 No. 99 J 72
a minor child.
Elizabeth A. Hansen for Connie Thompson respondent appellant.
No brief for petitioner appellee.
McCULLOUGH, Judge.
Respondent Connie Thompson appeals from an order terminating
her parental rights to her son Jessee Lee Thompson, who was born on
26 January 1999. The identity of Jessee's father is unknown and he
is not a party to this appeal. On 1 April 1999, the trial court
entered a non-secure order giving the Rowan County Department of
Social Services (DSS) custody of Jessee based on allegations of
abuse, neglect, and dependency. On 6 August 1999, Jessee was
adjudicated to be an abused, neglected, and dependent juvenile
pursuant to N.C. Gen. Stat. § 7B-101(1), (15), and (9). On 30 May
2001, DSS filed a petition to terminate Ms. Thompson's parental
rights to Jessee.
At the hearing on 20 August 2001, DSS presented evidence thatit had been involved with Jessee and his mother since Jessee was
two and one-half months old. At the time of Jessee's birth,
respondent was a single mother who lived with her seventeen-year-
old son in Salisbury, North Carolina. Another child, Timothy, had
previously been taken out of the home because he suffered a serious
injury while in Ms. Thompson's care. There was a history of
domestic violence between Ms. Thompson and her oldest son.
Ms. Thompson had a stomach ulcer and severe arthritis and took
several prescription drugs for those conditions. Jessee was born
with a positive drug screen and was underweight because of the
medications his mother took during pregnancy and her poor
nutritional habits. He remained in the hospital for ten days and
was then released to his mother, against the advice of Dr. Rosalena
Conroy. Ms. Thompson continued to take prescription drugs after
Jessee's birth and had a history of abusing Oxycotin, a pain
narcotic for which she had a prescription. When Jessee was two and
one-half months old, he suffered a severe head injury when he was
hit multiple times with the leg of an end table. The injury was
either inflicted by Ms. Thompson or by someone else while she was
asleep. Because Jessee suffered the injury while in his mother's
care, she was charged with felony child abuse. Ms. Thompson pled
guilty to that offense and served four months in jail.
Due to his head injury, Jessee is a special needs child with
delayed speech and motor development, speech aphasia, and
continuing seizures. Jessee is extremely fragile, takes
Phenobarbital for his seizures, and will have to undergo extensivespeech therapy, physical therapy, and occupational therapy for many
years to come. Jessee's injury prompted immediate action by DSS,
which took Jessee into its custody on 1 April 1999.
While in jail, Ms. Thompson underwent drug detoxification and
thereafter submitted to random drug screens. After Ms. Thompson's
release from jail on 13 August 1999, the trial court concluded that
Jessee should remain in the custody of DSS because returning him to
his mother's care was against his welfare. DSS offered Ms.
Thompson a number of services and the trial court ordered her to
complete several goals, with an eye toward eventual reunification.
The trial court noted that Ms. Thompson had a history of overusing
Oxycotin, but did not specifically ask Ms. Thompson to discontinue
its use.
A number of individuals testified at the bench hearing
regarding their involvement in Jessee's case. DSS social worker
Darlene Parker testified that she reviewed Ms. Thompson's progress
on her court-ordered goals and that she observed Ms. Thompson and
Jessee during their monthly one-hour supervised visits. According
to Ms. Parker, Ms. Thompson began receiving AFDC benefits in April
2001, but did not make child support payments. Ms. Thompson
successfully completed parenting classes, the PACT program (Parents
and Children Together program), a psychological evaluation, and
regularly visited Jessee. During each visit, which occurred at her
trailer, Ms. Thompson cooked food and gave Jessee several new toys
or new clothes. Ms. Parker was present during most of those visits
and noted that Ms. Thompson constantly compensated . . . constantly giving
and constantly buying toys for the children.
And, and cooking for the children. There was
not interaction, really where she actually one
on one with the children. Basically it was
her giving them things. That's what I
interpreted with the visits.
Ms. Parker acknowledged that a bond between Jessee and his mother
existed, but she did not believe Ms. Thompson could appropriately
care for Jessee and remained concerned that Ms. Thompson continued
to take Oxycotin, the same medicine she was taking when Jessee
suffered his head injury. Although she did not doubt that Ms.
Thompson loved Jessee, Ms. Parker opined that Ms. Thompson did not
seem able to fully deal with his special needs and did not appear
to have a plan through which she could provide for Jessee's needs
on a continuing basis.
Ms. Michelle Feely, Timothy's foster mother, testified that
Jessee and Timothy loved each other and interacted well during
their visits, which occurred every weekend, beginning in April
2001. She stated that Jessee appeared to be happy to see both his
brother and his mother, and that he adjusted well to the weekend
schedule of visitation. Ms. Feely expressed her hope that Timothy
and Jessee could continue to see each other after the case was
resolved and also stated her belief that Jessee was progressing
well in his foster home.
Dr. Rosalena Conroy, Jessee's pediatrician, testified
regarding the extensive therapy Jessee has needed and will continue
to need over his lifetime. When asked what Ms. Thompson's role was
in Jessee's medical care, Dr. Conroy testified that she saw Ms.Thompson at the doctor's office with Jessee twice over a two-year
period, that Ms. Thompson never called to check on Jessee's medical
status, and that “[Ms. Thompson] didn't know when the appointment
was and who his doctor was or what medications he was on[.]” Dr.
Conroy further stated that Ms. Thompson did not seem to understand
Jessee's health issues, and she had serious reservations about
returning Jessee to his mother's care.
Ms. Cindy Van Camp, a child service coordinator and an early
intervention specialist with the PACT program, testified that she
had worked with Jessee and his mother on several occasions prior to
the hearing. During monthly hour-long sessions, Ms. Van Camp
demonstrated a number of activities for Ms. Thompson and instructed
her to perform the activities with Jessee as part of his therapy.
When asked whether Ms. Thompson was following through with the
therapies, Ms. Van Camp stated,
I would have a hard time saying that she was.
I could not say, no she's not. But, I, she
has a hard time understanding exactly where he
is and where he needs to go with some of the
things. There are some of the things she's
followed through with fairly well, um, but
things like, there's some things that she
doesn't quite understand and doesn't really
ask a lot of questions about.
Ms. Van Camp also believed Ms. Thompson's expectations for Jessee
were “very out of whack for what he is able to do and for his
condition.”
Ms. Van Camp testified that Ms. Thompson was “preoccupied with
doing other things during our visits” and was not taking full
advantage of the PACT program's services. According to Ms. VanCamp, Ms. Thompson failed to attend review sessions in January and
June of 2001 regarding Jessee's progress, even though she had
received written notice of the session dates and times. Ms.
Thompson also received complete copies of the six-month plans for
Jessee (including goals, contact information for all his
therapists, and so forth), yet remained unable to understand and
apply the techniques she was shown during her sessions with Ms. Van
Camp. Ms. Van Camp expressed concern and reservations about
Jessee's safety and progress if he was returned to his mother's
care.
Ms. Cindy Caudill, Jessee's foster mother, testified that she
is a licensed physical therapy assistant and has taken care of
Jessee since November of 1999. Ms. Caudill testified at length
regarding Jessee's developmental limitations, as well as the
therapies he is receiving. Ms. Caudill stated that she and her
husband have two children and wish to adopt Jessee because they
love him and “[h]e's a part of our family now and we ah, want very
much to take care of Jesse [sic] and see that his needs are met.”
Ms. Thompson was also permitted to testify. She stated that
she loves Jessee and wants to be a part of his life. She testified
regarding his physical problems and the services she and Jessee
have taken part in. At the time of trial, Ms. Thompson was
employed as a waitress and had a support system of family nearby.
Her parents sometimes helped her financially, and she had an
appropriate home for herself and her children to live in. Ms.
Thompson indicated that she had complied with the trial court'srequests, attended every visitation she was given, and was prepared
to be a full-time mother to Jessee. Ms. Thompson admitted having
past problems with drug abuse and acknowledged that she pleaded
guilty to a count of felony child abuse involving Jessee. She also
admitted that she had a pending charge of shoplifting, for which
she had hired an attorney. On cross-examination, Ms. Thompson
indicated she had some shortcomings, but asserted that she loved
Jessee and was ready to raise him.
At the conclusion of the evidence, the trial court made the
following pertinent findings of fact:
5. Jessee Lee Thompson was placed in the
custody of the Rowan County Department of
Social Services on April 1, 1999; the juvenile
was adjudicated abused, neglected and
dependent on or about August 6, 1999; the
juvenile has remained continuously in foster
care for the past thirty-one months.
6. The respondent mother neglected the
juvenile in that on August 6, 1999 the
juvenile was adjudicated to be an abused,
neglected and dependent child within the
meaning of G.S. 7B-101(1)(15)(9); that the
juvenile sustained a severe head injury while
in the care of the mother, either inflicted by
her or someone else while the mother was
asleep; Ms. Thompson pled guilty in 99 CRS
4932 to felony child abuse and was convicted
of felony child abuse.
7. Jessee Thompson is a fragile child with
special needs that will require constant
monitoring, treatment and adjustment for the
rest of his life. His head injury resulted in
delayed speech and motor development and in
continuing seizures requiring him to take the
medication Phenobarbital. He will continue to
need speech therapy, physical therapy, and
occupational therapy for many years.
8. The Respondent Mother has taken somesteps to comply with Orders of the Court and
recommendations of the RCDSS; she has
completed parenting classes and submitted to a
psychological evaluation; Ms. Thompson has
maintained visitation with her son; her home
is physically adequate; she has participated
in the PACT program.
9. Even though the DSS in cooperation with
various medical service providers has
attempted to give appropriate training to
respondent mother on the therapies needed to
address Jessee's ongoing special needs, she
has shown little to no ability to grasp these
therapies, either in her understanding or in
practice.
10. Jessee Lee Thompson, due to his injuries,
is a special needs child that will require
constant daily attention, including speech and
motor therapy; the child will require a stable
environment to make progress; monitoring by
his caregiver will be important as to his
progress or lack thereof; that an unstable
environment could be detrimental to the child;
Jessee will need intensive care to meet
developmental milestones and Connie Thompson,
as shown during in home PACT services, has a
hard time understanding Jessee's needs and
knowing his limitations; Connie Thompson has
not demonstrated that she is capable of
providing the level of care that Jessee will
require.
11. The Respondent mother has willfully left
the juvenile in foster care or placement
outside the home for more than 12 months
without showing to the satisfaction of the
court that reasonable progress under the
circumstances has been made within 12 months
in correcting those conditions which led to
the removal of the juvenile.
12. Connie Thompson is living with her 17-
year-old son in her home. There have been
physical altercations in the home between
these two. Jessee needs a stable and quiet
home and because of his head injury he is
especially fragile.
13. Connie Thompson continues to rely onOxycontin, a powerful and dangerous
prescription drug for pain. She takes as many
as three pills per day. She has not sought an
alternative medication.
14. Jessee Thompson is now living in a
therapeutic foster home and is receiving the
speech therapy, physical therapy, and
occupational therapy that he will continue to
need. His foster mother, Cindy Caudill, is a
licensed physical therapy assistant employed
with Gentiva Health Services.
15. The juvenile has been placed in the
custody of a county department of social
services, a licensed child-placing agency, a
child-caring institution, or a foster home,
and the Respondent mother for a continuous
period of six months next preceding the filing
of the petition, has willfully failed for such
period to pay a reasonable portion of the
costs of care for the juvenile although
physically and financially able to do so.
* * * *
18. The Court takes judicial notice of all
the Orders, attached Court Reports and
attached documents as set forth in the Rowan
County Juvenile Court proceedings and all of
the findings of fact, which includes all Court
Reports incorporated by reference and attached
documents and contained in all of the Court
Orders in that Juvenile Proceeding and the
Petitions filed therein, if incorporated, are
herein adopted by this Court as findings of
facts in this proceeding and incorporated
herein by reference and adopted by the Court
as findings of fact as if set forth herein in
full.
After weighing the evidence, the trial court found the existence of
three statutory grounds which supported termination of Ms.
Thompson's parental rights; namely, N.C. Gen. Stat. § 7B-
1111(a)(1), (2), and (3) (2001):
(1) The parent has abused or neglected the
juvenile. The juvenile shall be deemedto be abused or neglected if the court
finds the juvenile to be an abused
juvenile within the meaning of G.S. 7B-
101 or a neglected juvenile within the
meaning of G.S. 7B-101.
(2) The parent has willfully left the
juvenile in foster care or placement
outside the home for more than 12 months
without showing to the satisfaction of
the court that reasonable progress under
the circumstances has been made in
correcting those conditions which led to
the removal of the juvenile. Provided,
however, that no parental rights shall be
terminated for the sole reason that the
parents are unable to care for the
juvenile on account of their poverty.
(3) The juvenile has been placed in the
custody of a county department of social
services, a licensed child-placing
agency, a child-caring institution, or a
foster home, and the parent, for a
continuous period of six months next
preceding the filing of the petition or
motion, has willfully failed for such
period to pay a reasonable portion of the
cost of care for the juvenile although
physically and financially able to do so.
During the dispositional phase of the hearing, the trial court
determined that termination of Ms. Thompson's parental rights was
in Jessee's best interests. On 1 November 2001, the trial court
entered an order terminating the parental rights of Ms. Thompson.
She subsequently appealed.
On appeal, Ms. Thompson argues that the trial court erred in
finding (I) that grounds existed for termination of her parental
rights with respect to Jessee Thompson; and (II) that it was in
Jessee's best interests that her parental rights be terminated.
For the reasons set forth herein, we disagree with respondent'sarguments and affirm the order of the trial court.
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