An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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 Proced
ure.
NO. COA03-488
NORTH CAROLINA COURT OF APPEALS
Filed: 3 August 2004
IN THE MATTER OF
ASHLEY W. and Forsyth County
ANTHONY. J. No. 00 J 428 and
00 J 430
Appeal by Respondent from judgment entered 18 April 2002 by
Judge Lisa V.F. Menefee in Forsyth County District Court, Juvenile
Division. Heard in the Court of Appeals 3 December 2003.
Victor M. Lefkowitz for petitioner-appellee, Forsyth County
Department of Social Services.
Leslie Carter Rawls for respondent-appellant mother.
Stuart Teeter as Guardian ad Litem.
ELMORE, Judge.
Pamela W. (appellant) is the natural mother of the minor
children, Ashley W. and Anthony J., who are the subjects of this
appeal. In an underlying neglect action against appellant, Forsyth
County Department of Social Services (DSS) was awarded custody of
the children on 24 October 2000. Both children were adjudicated to
be neglected on 15 December 2000, when respondent, through counsel,
acknowledged the allegations of neglect as true. In its
adjudication orders, the trial court relieved DSS of responsibility
of expending reasonable efforts to reunite appellant with her
children. Instead, the trial court specified what appellant must
do in order for the trial court to consider reunification. Thetrial court indicated that appellant must: 1) receive a
psychological assessment and comply with all treatment
recommendations; 2) remain drug-free and comply with all
recommendations for substance abuse treatment; 3) attend
supervised visits with the children pursuant to a visitation plan;
4) pay child support of $50.00 per month; 5) surrender the
children's social security income; 6) work with the children's
schools; 7) be available for Anthony's upcoming surgeries; 8)
work with and comply with all recommendations of DSS; 9) work with
and comply with all recommendations of Vocational Rehabilitation of
Goodwill Agency to address employment issues; and 10) receive
educational services in reference to family planning from Reynolds
Health Center.
Appellant, by her own testimony, failed to take all of the
required actions to be reunited with her children and on 28
November 2001, DSS filed Motions to Terminate Parental Rights (TPR)
as to each child. Hearings were conducted in Forsyth County
District Court, Juvenile Division on 15, 16, and 18 April 2002.
The trial court found that grounds existed to terminate appellant's
parental rights and that termination of appellant's parental rights
was in the best interest of the children. From the order
terminating parental rights, appellant appeals.
I.
By her first assignment of error, appellant contends that
because the TPR order was not reduced to writing, signed, and filedwithin 30 days following the completion of the TPR hearing, the TPR
order must be vacated. We disagree.
Section 7B-1109(e) (2003) of our General Statutes provides
that, following the trial court's adjudication of a TPR petition,
[t]he adjudicatory order shall be reduced to writing, signed, and
entered no later than 30 days following the completion of the
termination of parental rights hearing. N.C. Gen. Stat. § 7B-1109
(e) (2003). In the present case, the TPR hearing concluded on 18
April 2002 and the trial court did not enter the written order
until 20 November 2002, some 218 days later. While the trial
court's delay clearly violated the 30-day provision of N.C. Gen.
Stat. § 7B-1109(e), we find no authority requiring that the TPR
order be vacated as a result. Moreover, we conclude that, on these
facts, vacating the TPR order is not an appropriate remedy for the
trial court's failure to enter the order within 30 days of the
hearing. Our review of the transcript reveals that in her oral
adjudication, the trial court stated that neglect had been proven
by clear, cogent and convincing evidence as the grounds upon which
appellant's parental rights were being terminated. Appellant has
failed to demonstrate that she suffered any prejudice by the trial
court's delay. Accordingly, respondent's first assignment of error
is overruled.
II.
By her second assignment of error, appellant contends that the
evidence presented at the TPR hearing was insufficient to support
the termination of parental rights. We disagree. In the present case, the trial court found as grounds for
terminating parental rights that: 1) appellant neglected the
children pursuant to N.C. Gen. Stat. § 7B-1111(a)(1); 2) appellant
willfully left the children in foster care for more than 12 months
without showing reasonable progress toward correcting the
circumstances which led to their removal pursuant to N.C. Gen.
Stat. § 7B-1111(a)(2); and 3) appellant willfully failed to
provide a reasonable portion of the costs of the children's care
while in DSS custody pursuant to N.C. Gen. Stat. § 7B-1111(a)(3).
On appeal, when a trial court's order is reviewed as not being
supported by the evidence, this Court looks to see whether there is
clear, cogent, and convincing competent evidence to support the
findings. If there is such competent evidence, the findings are
binding upon the Court on appeal. In re Allen, 58 N.C. App. 322,
293 S.E.2d 607 (1982). In the present case, after a careful review
of the record, we conclude that the grounds stated are supported by
clear, cogent, and convincing evidence.
III.
Finally, appellant contends that the trial court abused its
discretion by concluding that the best interests of the children
would be served by termination of parental rights. Upon thorough
examination of the record, we hold that the trial court did not
abuse its discretion in finding that it was in the best interests
of the children to terminate appellant's parental rights.
In re
Nolen, 117 N.C. App. 693, 700, 453 S.E.2d 220, 225 (1995).
Affirmed. Judges BRYANT and CALABRIA concur.
Report per Rule 30(e).
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