IN THE MATTER OF:
S.W., T.W., C.W.
Mecklenburg County
Nos. 01 J 372, 373;
03 J 213
Mecklenburg County Attorney's Office, by Twyla Hollingsworth
George, for Mecklenburg County Youth and Family Services,
petitioner-appellee.
Nelson Mullins Riley & Scarborough, L.L.P., by Catharine W.
Cummer, for North Carolina Guardian ad Litem, petitioner-
appellee.
M. Victoria Jayne, for respondent-mother-appellant.
JACKSON, Judge.
On 13 February 2001, the Mecklenburg County Department of
Social Services (DSS) received a report alleging that S.W.
(respondent) was inappropriately disciplining her children, S.W.
and T.W. The report was substantiated, and on 4 March 2001, the
children were placed in the custody of DSS. On 8 May 2001, both
children were adjudicated neglected and dependant as to respondent.
Following a dispositional hearing, respondent entered into a case
plan with DSS, which was designed to address numerous issuesincluding respondent's mental health needs, parenting abilities,
methods of disciplining the children, and finding stable housing.
Over the course of the next three years, DSS intensively
worked with respondent as she worked to meet the goals of her case
plan. Respondent completed parenting classes and worked with a
parent educator for eight months, neither of which resulted in
respondent's being able to demonstrate an understanding of her
children's needs. Respondent was ordered to cooperate with her
mental health treatment, and although she did attend some of the
appointments, she failed to comply with the requirements of her
treatment and she did not obtain and take her medication as
prescribed.
On 14 September 2002, respondent gave birth to a third child,
C.W. On 27 February 2003, C.W. was placed into the custody of DSS,
and was later adjudicated as a dependent juvenile on 8 April 2003.
Motions to terminate respondent's parental rights as to all
children were filed on 6 November 2002 and 17 October 2003, citing
as grounds for termination of her parental rights neglect,
dependency, failure to make reasonable progress, and a failure to
pay a reasonable portion of the cost of the children's care.
Following three days of testimony and evidence presented at the
termination of parental rights hearing, the trial court entered an
order terminating respondent's parental rights as to all three
children on 2 September 2004. Respondent appeals from the order
terminating her parental rights. Respondent's assignments of error and arguments on appeal
consist of three statements that there was insufficient evidence
presented at trial to support the court's findings of fact and
ultimate termination of the mother's parental rights based on
neglect, abandonment, and failure to make reasonable progress.
However, respondent has failed to assign error to any of the trial
court's findings of fact, nor does she present any argument or
authority on appeal challenging any specific finding of fact.
Therefore, although
respondent does assign error to the trial
court's ultimate findings of fact on the
grounds supporting termination of [her]
parental rights, she does not assign error to
the extensive evidentiary findings. To the
extent those findings have not been assigned
error[,] they are deemed [to be] supported by
sufficient evidence and are treated as
conclusive on appeal.
In re Clark, 159 N.C. App. 75, 83 n.5, 582 S.E.2d 657, 662 n.5
(2003) (citing In re Caldwell, 75 N.C. App. 299, 301, 330 S.E.2d
513, 515 (1985)).
Respondent also did not appeal the trial court's finding
grounds to terminate her parental rights based on the failure to
pay a reasonable portion of costs of care, pursuant to North
Carolina General Statutes, section 7B-1111(a)(3). On appeal, she
assigns error only to the trial court's termination of her parental
rights on the grounds of neglect, pursuant to North Carolina
General Statutes, section 7B-1111(a)(1), and failure to make
reasonable progress, pursuant to North Carolina General Statutes,section 7B-1111(a)(2).
(See footnote 1)
Therefore, as respondent has not properly
preserved her right to appeal the trial court's termination of her
parental rights based on the failure to pay a reasonable portion of
the costs of care, this issue is not properly before us and she has
waived her right to appeal on this issue. N.C. R. App. P. 10(a)
(2005).
As respondent has not appealed the trial court's finding of a
ground for termination of her parental rights based on a failure to
pay a reasonable portion of the costs of care, the trial court's
order on this issue is binding on appeal, and may serve as a basis
for the termination of her parental rights. Our courts
consistently have held, and our statutes provide, that a finding of
any one ground set forth in North Carolina General Statutes,
section 7B-1111(a) is sufficient to support a termination of
parental rights. In re Humphrey, 156 N.C. App. 533, 540, 577
S.E.2d 421, 426 (2003). Thus, as the trial court found multiple
grounds supporting the termination of respondent's parental rights,
including North Carolina General Statutes, section 7B-1111(a)(3),
the failure to pay a reasonable portion of the costs of care, and
this issue has not been appealed, we hold the trial court actedproperly in utilizing this ground as a basis for the termination of
respondent's parental rights.
Thus, as the trial court properly found one ground as set
forth in North Carolina General Statutes, section 7B-1111(a) to
serve as a basis for the termination of respondent's parental
rights, we hold the trial court acted properly and we decline to
address respondent's assignments of error.
Affirmed.
Judges WYNN and HUNTER concur.
Report per Rule 30 (e).
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