IN THE MATTER OF:
ASHLEY HUTCHINS Buncombe County &n
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No. 99 J 249
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James N. Freeman, Jr. for respondent appellant.
The McDonald Law Office P.A., by Diane K. McDonald for
petitioners appellees.
TIMMONS-GOODSON, Judge.
Philip Allen Hutchins (respondent) appeals from judgment
terminating his parental rights to his daughter, Ashley Hutchins
(juvenile). For the reasons set forth herein, we affirm the
judgment of the trial court.
Respondent and Angela Morgan (Morgan) are the natural
parents of juvenile at issue in the instant appeal. Respondent and
Morgan never married. Theresa Ann Searcy (Theresa) is the
maternal aunt of Morgan. Juvenile was born on 19 February 1996.
Shortly after her birth, juvenile lived with Theresa and her
husband, Noah Searcy (referred to collectively as, petitioners)
for extended periods of time. By April 1996, juvenile was
permanently residing with petitioners in their home. On 14 September 1999, petitioners filed a petition to
terminate respondent's parental rights. The petition alleged the
following: (1) respondent had willfully left juvenile in a
placement outside of the home for more than twelve months without
showing reasonable progress; (2) juvenile had been in the custody
of petitioners for a continuous period of more than six months; and
(3) respondent willfully abandoned juvenile for at least six
consecutive months preceding the filing of the petition for
termination of parental rights.
In response to the petition, respondent sought a consent order
for visitation with juvenile. On 27 April 2000, the trial court
signed a consent order, in which the parties agreed to supervised
therapeutic visits between respondent and juvenile. The order
further provided that respondent would seek a psychiatric or
psychological evaluation.
After several visits between juvenile and respondent, the
hearing to terminate respondent's parental rights came before the
trial court on 16 August 2000. The matter was heard over a course
of three days. Petitioners were present at the termination hearing
and represented by counsel. Respondent was present at the hearing
and represented by counsel. Morgan was not represented by counsel,
but testified on behalf of petitioners. At the time of the trial,
juvenile was five years old and had resided with petitioners' for
five years. Juvenile was represented at trial by a guardian ad
litem. The trial court heard lengthy testimony regarding respondent's
mental illness, supervised visits between respondent and juvenile,
and respondent's ability to care for juvenile. The following
evidence was presented at trial: Darren Boice (Boice) testified
that he observed a total of four therapeutic visits between
juvenile and respondent in June, July, and August, 2000. During
the visits, Boice observed juvenile to be closely bonded with
petitioners, but able to interact with respondent. Boice explained
that respondent was not a strong or assertive person and needed
assistance to provide boundaries for juvenile.
Dr. Smith Goodrum (Dr. Goodrum), a clinical psychologist,
testified on behalf of respondent. Dr. Goodrum performed a
psychological assessment on respondent in July and August, 2000.
Dr. Goodrum testified that respondent's mental health fit a pattern
of schizophrenia. At the time of the psychological assessment,
respondent was able to resume his life with treatment and the
proper medication. Testimony from Dr. Goodrum revealed that
respondent felt that petitioners' attitude toward him was
demeaning. Dr. Goodrum further explained that respondent was
capable of having visits with juvenile, but was compelled to seek
custody of juvenile due to petitioners' negative behavior towards
his visits with juvenile. The testimony of Dr. Goodrum further
revealed that he was concerned about petitioners' motivation to
gain custody of juvenile, and he opined that petitioners may be
passive aggressive toward respondent. Due to respondent's mental
illness, Dr. Goodrum opined that juvenile might be geneticallypredisposed to schizophrenia or depression, and was in need of a
secure setting during her developmental years.
Cassandra Pavone (Pavone), a clinical social worker,
testified on behalf of respondent. Testimony from Pavone revealed
that respondent contacted her to set up therapeutic visits with
juvenile. Thereafter, Pavone supervised four visits in 2001.
Pavone explained that respondent was cooperative and sincere in
wanting to secure a relationship with juvenile; however,
petitioners' were apprehensive about the process of therapeutic
visitation. As the visits proceeded, Theresa informed juvenile
that respondent was her father. Pavone testified that upon
learning respondent's identification, juvenile was more
affectionate toward him during visits. In Pavone's opinion,
respondent was capable of setting appropriate boundaries for
juvenile, but needed assistance with parenting a child.
Based on the above evidence, testimony from respondent, and
testimony from Theresa, the trial court made the following
pertinent findings of fact:
. . . .
25. That at some time in the summer of 1999,
petitioners mailed to respondent and to . . .
Morgan requests for their consent to allow
petitioners to adopt [juvenile]; that [Morgan]
signed a consent to allow that adoption but
respondent threw said papers away and did not
respond to petitioners.
. . . .
27. That on September 14, 1999, having had no
communication from respondent since mid
February of 1998, and still not knowing of
respondent's whereabouts, his military serviceor his mental illness, petitioners filed a
petition to terminate said respondent's
parental rights to [juvenile]; . . . that
respondent filed a pro se answer to said
petition denying its allegations on October
13, 1999, and a further responsive pleading
along with a motion for a visitation schedule
with [juvenile]. . .
28. That during the year 1999, neither
[juvenile] nor petitioners received any
communication or contact from respondent; that
they never received any cards or letters from
him or clothing or other items or
communication intended for [juvenile]; that
during all of this time as in the prior years,
petitioners resided at the same address they
had previously resided.
29. That from the time that [juvenile] came
to live exclusively with the petitioners in
April 1996 until the time of the filing of the
termination of parental rights petition
herein, respondent provided no financial
support for [juvenile] to petitioners; that
respondent did provide diapers for [juvenile]
on one occasion in 1996 and may have, during
the same year, made some statement to
petitioners regarding his willingness to pay
them some money; that petitioners never
requested money of the respondent and declined
to receive social security or other
governmental benefits due to the respondent's
disability for which they might be entitled
due to their being the custodians for
[juvenile].
. . . .
44. That respondent . . . testified before
this Court and responded appropriately to
direct and cross-examination; that he
exhibited no signs of unusual behavior in the
courtroom; that he was competent to handle his
affairs and to initiate requests for
visitation or other contact or involvement
with [juvenile] up until a time shortly before
his admission into the . . . hospital . . .
and regained sufficient competency to initiate
communication with [juvenile] and/or
petitioners following his release from the . .
. hospital . . . in February, 1999; that he isappropriately managing his paranoid
schizophrenia with medication at this time and
would be fit and proper to exercise visitation
with [juvenile] provided said visitation was
loosely supervised.
. . . .
47. That [juvenile] needs a stable home with
a consistent relationship with family members
and with a minimization of conflict; that it
appears likely that the conflict will continue
between petitioners and respondent if
respondent has Court ordered visitation with
[juvenile] and that [juvenile] would be
exposed to this conflict; that it also appears
likely, that if respondent has Court ordered
visitation with [juvenile], that respondent
will repeat his behavior of not initiating
contact with [juvenile] for substantial
periods of time when he becomes frustrated due
to respondent's need to be supported in
exercising his visitation, his difficulty in
dealing with stress, his passiveness and his
history of being sporadic in visitation both
prior to and after the filing of the
termination of parental rights petition
herein.
. . . .
52. That the respondent . . . has neglected
[juvenile], . . . in that he has not provided
her with proper care, supervision or
discipline, and there is a probability of
repetition of said neglect based on the
respondent's neglect of said juvenile both
before and after the filing of the termination
of parental rights petition herein, . . .
Based on the above-stated findings, the trial court entered the
following conclusions of law:
. . . .
2. That the respondent, . . . has willfully
abandoned [juvenile] . . . for at least six
consecutive months immediately preceding the
filing of the petition herein.
3. That the respondent, . . . has neglected
[juvenile], . . . in that he has not providedher proper care, supervision or discipline,
and there is a probability of a repetition of
said neglect.
4. That the petitioners herein are fit and
proper persons to have the care, custody and
control of [juvenile], and it is in the best
interests of said [juvenile] that the parental
rights of respondent . . . be terminated.
The trial court therefore terminated respondent's parental rights
to juvenile. Respondent appeals the judgment of the trial court.
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