IN THE MATTER OF:
A.L., Jr. Guilford County
No. 01 J 78
Mercedes O. Chut for petitioner-appellee Guilford County
Department of Social Services.
Nancy R. Gaines for respondent-appellant-father.
Smith, James, Rowlett & Cohen, L.L.P., by Margaret Rowlett
for appellee Guardian ad Litem.
STEELMAN, Judge.
When the trial court terminated
respondent's parental rights based upon six separate grounds under
N.C. Gen. Stat . 7B-1111(a), and since respondent only argues that
there was error as to two of these grounds, this Court must affirm
the ruling of the trial court.
The Guilford County Department of Social Services
(“petitioner”) filed a juvenile petition on 23 March 2001 which
alleged that the child was an abused, neglected and dependent
juvenile. Pursuant to a nonsecure custody order entered on that
date, the child was placed in the legal and physical custody of
petitioner and has remained there since that time. In anadjudication and dispositional order entered on 13 July 2001, the
trial court adjudged the child to be abused and neglected and
awarded legal custody to petitioner.
Petitioner filed a motion on 17 November 2003 to terminate the
parental rights of respondent and the child's mother. The motion
presented grounds for termination as to respondent pursuant to N.C.
Gen. Stat. §§ 7B-1111(a)(1)-(3), (7) and (8). The trial court
terminated the mother's parental rights on 23 March 2004. In an
order signed on 6 March 2004 and subsequently entered on 6 April
2004, the trial court removed the motion to terminate respondent's
parental rights from the calendar until there was proper service
upon him in accordance with N.C. Gen. Stat. . 1A-1, Rule 4. On 14
October 2004, petitioner filed an amendment to the motion to
terminate respondent's parental rights and asserted an additional
ground for termination pursuant to N.C. Gen. Stat. § 7B-1111(a)(6).
By order entered 15 September 2005, the trial court concluded
that it had obtained personal jurisdiction over respondent and
calendared the motion to terminate his parental rights for 26
September 2005. After hearing the matter over a three-day period,
the trial court found that grounds to terminate respondent's
parental rights existed pursuant to N.C. Gen. Stat. §§ 7B-
1111(a)(1)-(3) and (6)-(8). In its order entered 28 October 2005,
the trial court concluded that each of the grounds alleged in the
amended motion to terminate respondent's parental rights had been
proven by clear, cogent and convincing evidence and that it was in
the child's best interest to terminate respondent's parentalrights. From the trial court's order, respondent appeals.
Respondent contends the trial court erred by finding that he
had willfully abandoned the child, N.C. Gen. Stat. § 7B-1111(a)(1),
and that he had failed to provide support for the child, N.C. Gen.
Stat. § 7B-1111(a)(3). He argues the trial “[c]ourt's conclusion
on at least two of the grounds recited to support the termination
of [his] parental rights are flawed in that they are not supported
by the evidence” and that “[t]his matter should be reversed and
remanded on the basis of these errors.” Respondent's arguments are
not persuasive.
A “trial court can terminate a respondent's parental rights
upon the finding of one of the grounds enumerated in N.C. Gen.
Stat. § 7B-1111(a).” In re J.A.A. & S.A.A., 175 N.C. App. 66, 74,
623 S.E.2d 45, 50 (2005). “If unchallenged on appeal, findings of
fact 'are deemed supported by competent evidence' and are binding
upon this Court.” In re J.M.W., __ N.C. App. __, __, 635 S.E.2d
916, 919 (2006) (quoting In re Padgett, 156 N.C. App. 644, 648, 577
S.E.2d 337, 340 (2003)). When a trial court's findings of fact are
based on clear, cogent and convincing evidence and those findings
support the conclusions of law, its order will be upheld. See In
re J.D.S., 170 N.C. App. 244, 249, 612 S.E.2d 350, 354, cert.
denied, 360 N.C. 64, 623 S.E.2d 584 (2005).
Although mischaracterized in its order as findings of fact,
the trial court here concluded that all six of the statutory
grounds alleged in the amended motion to terminate existed. The
trial court then concluded all six grounds had been proven byclear, cogent and convincing evidence. Respondent presented
arguments only as to two of the grounds, N.C. Gen. Stat. .§ 7B-
1111(a)(1) and (3), found by the trial court. Since any one of the
remaining four unchallenged grounds, N.C. Gen. Stat. .§ 7B-
1111(a)(2) and (6-8), is sufficient to support the trial court's
order of termination, we affirm the trial court's order without
examining respondent's arguments as to the two contested grounds.
See In re S.B.M., 173 N.C. App. 634, 636, 619 S.E.2d 583, 585
(2005).
Respondent failed to argue his remaining assignments of error
in his brief. Because he has neither cited any authority nor
stated any reason or argument in support of those assignments of
error, they are deemed abandoned. See N.C. R. App. P. 28(b)(6).
The trial court's order terminating respondent's parental
rights is affirmed.
AFFIRMED.
Judges McCULLOUGH and LEVINSON concur.
Report per Rule 30(e).
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