IN THE MATTER OF:
Cabarrus County
No. 02 J 159
D.D.M.
Kathleen Arundell Widelski, for Cabarrus County Department of
Social Services, for petitioner-appellee.
Carol Ann Bauer, for respondent-appellant.
CALABRIA, Judge.
Susan Martin Milton (“respondent”) appeals from an order
terminating her parental rights to D.D.M. The sole issue on appeal
is whether respondent was denied effective assistance of counsel by
her counsel stipulating to the admission of records of the Stanly
County Department of Social Services (“SCDSS”) pertaining to the
juvenile.
The record shows that on 16 December 2002, Judge Donna H.
Johnson of the Cabarrus County District Court entered an order
requiring that “a certified copy of all the child protective
services records . . . maintained by the Stanly County Department
of Social Services (SCDSS) be turned over to the Cabarrus County
Clerk of Superior Court, to the attention of Alice Hatley, on orbefore January 16, 2003.” Judge Johnson subsequently signed an
order on 29 January 2003 directing the photocopying of records
delivered by the SCDSS to the Cabarrus County Clerk of Court on 15
January 2003. This order also provided that “[a] copy will be
provided to the court to review prior to the hearing in this matter
based upon the stipulations of the parties.” At the beginning of
the termination hearing on 10 July 2003, counsel for petitioner,
Ms. Widelski, noted that these records had not been formally noted
in a prior disposition order as having been received into evidence
or as having been made part of the record. She moved that the
records be received into evidence at that time, or alternatively,
she requested a continuance so she could have a witness present to
authenticate the records. She indicated that the parties agreed at
the prior hearing that the records were to be made part of the
record. The court affirmed counsel's statement that the records
“were received at disposition.” Counsel for respondent stated that
he concurred with the recollection of petitioner's counsel and that
he had no objection to allowing the records to be made a part of
the record.
The right to counsel in a parental rights termination
proceeding encompasses the right to effective assistance of
counsel. In re Bishop, 92 N.C. App. 662, 665, 375 S.E.2d 676, 678
(1989). A respondent who claims denial of this right “must show
that counsel's performance was deficient and the deficiency was so
serious as to deprive [the respondent] of a fair hearing.” Id. at
665, 375 S.E.2d at 679. This burden has not been carried byrespondent. The order entered on 16 December 2002 by Judge Johnson
required that “a certified copy” of the records be delivered to the
clerk of Cabarrus County Superior Court. These materials were made
part of the record at an earlier hearing, although not expressly
noted in the disposition order. Respondent's counsel had ample
time to review and study the records. Under these circumstances,
we conclude respondent was not denied a fair hearing.
The court's order terminating respondent's parental rights is
affirmed.
Affirmed.
Judges TIMMONS-GOODSON and LEVINSON concur.
Report per Rule 30(e).
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