In the Matter of:
W.D.M., K.M., Z.S.,
& D.A.M.,
Minor Children.
Henderson County
No. 99J15
99J16
03J132
03J157
Susan L. Fosmire, for petitioner, Henderson County Department
of Social Services.
Pamela Newell Williams, for Guardian Ad Litem.
Charlotte Gail Blake, for respondent-father.
Michael E. Casterline, for respondent-mother.
STEELMAN, Judge.
When sufficient findings of fact, supported by competent
evidence, support the conclusion of law that it is in the best
interest of the juveniles that reunification efforts with the
biological parents cease, such conclusion must be sustained.
D.A.M., K.M. and W.D.M. are the minor children of William
Douglas Moffitt (father). The mother of and K.M. failed to
appear at hearings and failed to appeal the permanency planning
hearing regarding D.A.M. and K.M. She is not a party to thisappeal. Eddeana Moffitt (mother) is the mother of Z.S. and
W.D.M.
On 3 November 2003, the Henderson County Sheriff's Department
responded to a report alleging that father was in the backyard of
the family residence with a weapon. Thirty minutes later, the
officers responded again to a report that shots had been fired at
the residence. The officers stated respondents were under the
influences of drugs. Drug paraphernalia was in plain view at
respondents' residence, and father had needle tracks on his arm.
DSS filed petitions on 5 November 2003 with regard to Z.S., 2
December 2003 with regard to D.A.M. and W.D.M., and 23 January 2004
with regard to K.M., alleging that the juveniles were neglected
because they were living in an environment injurious to the
juveniles' welfare.
The juveniles were thereafter adjudicated neglected, and Z.S.
was removed from the home on 4 November 2003; D.A.M. and W.D.M.
were removed from the home on 2 December 2003; and K.M. was removed
from the home on 20 January 2004. To achieve reunification between
the parents and the four juveniles, DSS recommended and the court
ordered that respondents establish a stable, safe and suitable
residence, find stable employment, obtain mental health assessments
and follow treatment recommendations, obtain a substance abuse
assessment and follow treatment recommendations, and submit to
random urine, blood and hair drug tests.
On 8 September 2005, the court held a permanency planning
hearing, and entered an order changing the permanent plan fromreunification to termination of parental rights and adoption.
Father appealed the order as to his children, D.A.M., K.M., and
W.D.M. Mother appealed the order as to her children, W.D.M. and
Z.S.
46. The Court's plan to achieve a safe,
permanent home for the Juveniles within a
reasonable period of time should be the
placement of custody of the juveniles
with a relative or other court-approved
person.
47. The Court specifically approves of the
past placement of these juveniles, and
the custody arrangement employed in this
case. The prospective custody and
placement arrangements stated below will
be in the best interest of the juveniles.
49. Prospectively, HCDSS shall use reasonable
efforts defined by N.C. Gen. Stat.
§7B-101(18). These efforts shall be to
develop and implement a permanent plan
other than reunification for the
juveniles. Efforts to reunify the
juveniles with a parent would be futile,
under the circumstances of this case.
Father specifically challenges the following conclusions of
law:
2. The juveniles are of a status such that
it is in the best interest of the
juveniles that custody and placement
discretion be in HCDSS, as stated
hereinbelow.
3. The Court's plan to achieve a safe,
permanent home for the Juveniles within a
reasonable period of time should be the
placement of custody of the juveniles
with a relative or other court-approved
person.
Mother specifically challenges the following finding of fact
with regard to Z.S. and W.D.M.:
8. At the hearing mother testified that she continued
to use Methamphetamine until August 2005.
Mother specifically challenges the following conclusions of
law:
2. The juvenile[s] are of a status such that
it is in the best interest of the
juvenile[s] that custody and placement
discretion be in HCDSS, as stated
hereinbelow.
3. The Court's plan to achieve a safe,
permanent home for the Juvenile[s] within
a reasonable period of time should be the
termination of the parental rights f the
parents of the juvenile[s], so that the
juvenile[s] may subsequently be placed
for adoption.
Our review of the record reveals that each of the findings are
supported by sufficient evidence and support the court's legal
conclusions. See In re Eckard, 144 N.C. App. 187, 199, 547 S.E.2d.
835, 842 (2001) (stating that the trial court can only order the
cessation of reunification efforts when it makes findings based
upon sufficient evidence to support the conclusion that it is in
the juvenile's best interest to cease reunification efforts).
Father does not challenge the findings of fact that mother
continued to use Methamphetamine until August 2005, that he used
Methamphetamine in January 2005 and last used Methamphetamine in
May 2005, that he and mother caused physical injuries to each other
during an argument, that prior to 3 November 2005 there were other
acts of domestic violence between him and mother, that the
juveniles appear to be making improvements with their emotional and
behavioral problems, that mother moved into a Woman's Shelter, that
he missed at least two visits with the juveniles, that mother'sprogress may have been delayed by her time spent in jail and lack
of a driver's license, that he and mother separated on several
occasions in 2004 and intend to remain separated, that D.A.M. does
not want to be reunited with him, and that K.M. would like to be
reunited with him if she knew he wasn't using controlled
substances.
Mother only challenges the finding of fact that she used
Methamphetamine until August 2005. Mother does not challenge the
findings of fact that father used Methamphetamine in January 2005
and last used Methamphetamine in May 2005, that her and father
caused physical injuries to each other during an argument, that
prior to 3 November 2005 there were other acts of domestic violence
between her and father, that the juveniles have made significant
improvements since being placed in foster care, that she moved into
a Woman's Shelter, that father missed at least two visits with the
juveniles, that her progress may have been delayed by her time
spent in jail and lack of a driver's license, and that she and
father separated on several occasions in 2004 and intend to remain
separated.
[I]t is the child[ren]'s best interests which is our guiding
beacon. In re Montgomery, 77 N.C. App. 709, 717, 336 S.E.2d 136,
141 (1985) (quoting In re Montgomery, 311 N.C. 101, 116, 316 S.E.2d
246, 256 (1984)). Because the juveniles' health, safety, and the
need for a permanent home are the paramount concern, the trial
court did not err in concluding that it is in the best interest of
the juveniles that custody and placement discretion be in SocialServices and that reunification efforts with the biological parents
cease.
Respondents have failed to argue their remaining assignments
of error in their respective briefs and they are deemed abandoned
N.C. R. App. P. 28 (b)(6).
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