IN THE SUPREME COURT OF NORTH CAROLINA

2022-NCSC-40

No. 155A21

Filed 18 March 2022

IN THE MATTER OF: L.D., A.D.

Appeal pursuant to N.C.G.S. § 7B-1001(a1)(1) (2019) from orders entered on 4 

February 2021 by Judge Christopher Rhue in District Court, Scotland County. This 

matter was calendared for argument in the Supreme Court on 18 February 2022 but 

determined on the record and briefs without oral argument pursuant to Rule 30(f) of 

the North Carolina Rules of Appellate Procedure.

Quintin Byrd for petitioner-appellee Scotland County Department of Social 

Services.

Michelle FormyDuval Lynch for appellee Guardian ad Litem.

Wendy C. Sotolongo, Parent Defender, and Jacky Brammer, Assistant Parent 

Defender, for respondent-appellant mother.

NEWBY, Chief Justice.

¶ 1 Respondent, the mother of L.D. (Larry) and A.D. (Amy),

1 appeals from the trial 

court’s order terminating her parental rights. After careful review, we affirm.

¶ 2 Larry was born on 16 November 2016.2 The Scotland County Department of 

 

1 Pseudonyms are used in this opinion to protect the juveniles’ identities and for ease 

of reading.

2 Only two children, Larry and Amy, are at issue in this case. There are five children 

in total. Respondent is not the mother of the biological father’s oldest child, J.B. Respondent 
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Social Services (DSS) received a report on 7 February 2018 that Larry’s eleven-weekold sibling, Lisa, was admitted into the emergency room at Scotland Memorial 

Hospital. She was diagnosed with acute bleeding on the brain and a subdural 

hematoma. Lisa also had fractures on her ribs, which were healing, along with other 

injuries, including a circular burn the size of a cigarette on her lower right leg. 

Respondent and the father3 claimed that Lisa was injured by falling off the couch. 

Medical professionals at the hospital, however, believed this explanation was 

“inconsistent with the type of injuries that [Lisa] ha[d] sustained.” Later testing 

“revealed retinal hemorrhaging in both eyes, indicative of Shaken Baby Syndrome.”

On 9 February 2018, DSS filed a petition alleging that Larry was a neglected juvenile.

Larry was initially placed in kinship care with his maternal grandmother.

¶ 3 On 16 February 2018, the trial court entered an order granting DSS nonsecure 

custody of Larry. That same day, DSS filed an amended juvenile petition adding 

allegations that the father had shaken Lisa and that he was incarcerated on charges 

of felonious child abuse. DSS further alleged that Larry’s maternal grandmother “was 

allowing [Larry to have] contact with the respondent mother in violation of a safety 

assessment,” and that respondent was incarcerated on charges of misdemeanor 

 

and the children’s biological father are the parents of, in order: L.D. (Larry); the sibling who 

was abused (Lisa); A.D. (Amy); and the last child born on 9 October 2019 (Alex). 

3 The trial court also terminated the parental rights of the father to both Larry and 

Amy. The father, however, did not appeal the trial court’s order and is not a party to this 

appeal. 
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larceny and shoplifting. Respondent tested positive for cocaine, benzodiazepines, and 

methadone on 23 March, 9 April, and 11 June 2018. Respondent refused drug screens 

on 23 April, 3 May, 30 May, 27 June, and 27 July 2018. On 13 June 2018, respondent 

“made a case plan with DSS,” but did not sign it. That plan 

found that the issues that needed to be addressed were 

substance abuse and recommended treatment, appropriate 

supervision and discipline, including parenting classes, 

establishing a stable home and employment, cooperating 

with [DSS], and maintaining contact with [DSS] at least 

once per week, and visiting the juvenile a[nd] supporting 

placement of the juvenile. 

¶ 4 Amy was then born on 7 October 2018; her father is the same as Larry’s father.

On 9 October 2018, DSS filed a juvenile petition alleging that Amy was neglected and 

obtained nonsecure custody of Amy. The petition alleged that Amy tested positive for 

cocaine at birth and respondent tested positive for cocaine and methadone when Amy 

was born. Respondent admitted to using cocaine two days before the delivery. DSS 

also alleged respondent “ha[d] not been compliant with completing needs identified 

on her case plan, and continue[d] to test positive for illegal substances.”

¶ 5 Following a hearing on 18 October 2018, the trial court determined with the 

parties’ consent that Larry was neglected. This determination was memorialized in 

an adjudication order entered on 25 February 2019 in which respondent stipulated to 

facts consistent with the allegations in DSS’s amended petition. In a separate 

disposition order, the trial court directed that Larry remain in DSS custody. 
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¶ 6 Following a hearing on 10 January 2019, the trial court entered a second

consent adjudication order on 25 February 2019 determining that Amy was neglected. 

The court also found in a separate disposition order that respondent had failed to 

address any of the issues identified in her case plan. Respondent had again tested 

positive for cocaine on 4 January 2019. The trial court ruled that further reunification 

efforts would be unsuccessful and inconsistent with Amy’s needs based on Lisa’s nonaccidental injuries and the parents’ failure to address the issues that led to Amy’s 

removal. The trial court ordered that Amy remain in DSS custody and relieved DSS 

of further reunification efforts. The court also discontinued respondent’s visits with 

Amy pending guidance from a therapist about the appropriateness of visitation. After 

a review hearing on 10 January 2019, the trial court entered a review order in Larry’s 

case on 25 February 2019. The trial court found reunification efforts would also be 

unsuccessful and inconsistent with Larry’s needs. The trial court ordered that Larry 

remain in DSS custody, relieved DSS of further reunification efforts, and 

discontinued respondent’s visits with Larry. 

¶ 7 Following a permanency planning hearing on 7 February 2019, the trial court 

entered orders on 27 February 2019 setting the permanent plan for the children as 

custody with a relative with a concurrent plan of reunification. The trial court held 

another permanency planning hearing on 28 March 2019 and entered review orders 

on 6 June 2019. The trial court found that respondent was enrolled at the Black 
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Mountain inpatient substance abuse treatment center and was scheduled to complete 

the program in May 2019. The trial court further found that respondent still was not 

employed, did not have stable housing, and had not enrolled in parenting classes. The

trial court changed the permanent plan to adoption with a concurrent plan of

reunification and ordered DSS to proceed with the plan.

¶ 8 The trial court held another permanency planning hearing on 30 May 2019 

and entered review orders on 24 June 2019. The trial court found that respondent

completed the Black Mountain program on 3 May 2019 but had not participated in 

any additional substance abuse treatment. Respondent was pregnant with another 

child as the possible result of her continuing relationship with the father, and she 

had not contacted DSS. The trial court found that respondent “spent the Memorial 

Day Weekend with [the father] at a hotel in Myrtle Beach, South Carolina.” 

¶ 9 After the next permanency planning hearing on 25 July 2019, in orders entered 

on 28 August 2019, the trial court found that “[s]ince the last permanency planning 

hearing, the respondent mother has had no contact with DSS” and was not present 

for the hearing. The trial court also found that respondent had not provided any 

financial support for the children. The trial court again ordered that respondent not 

have visitation with the children “due to the severity of injuries suffered by the 

juvenile’s sibling” and because respondent was “failing to successfully address the 

issues which led to removal.” Following a permanency planning hearing on 19 
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December 2019, the trial court entered orders finding that respondent still had no 

contact with DSS; had not provided financial support for her children; had given birth

to Alex in October of 2019, who tested positive for cocaine; and was “residing in a 

Drug Addiction Treatment Center in Smithfield, North Carolina.” The court ordered 

DSS “to proceed with [the] permanent plan” of adoption for both children.

¶ 10 On 24 January 2020, DSS filed petitions to terminate respondent’s parental 

rights to Larry and Amy on the grounds of neglect, see N.C.G.S. § 7B-1111(a)(1)

(2021); willfully leaving the children in a placement outside the home while failing to 

make reasonable progress, see id. § 7B-1111(a)(2) (2021); and willful abandonment, 

see id. § 7B-1111(a)(7) (2021). In orders filed on 4 February 2021, the trial court 

determined that grounds existed to terminate respondent’s parental rights under

N.C.G.S. §§ 7B-1111(a)(1), (2), and (7). The trial court concluded that terminating 

respondent’s parental rights was in the children’s best interests. See id. § 7B-1110(a) 

(2021). Accordingly, the trial court terminated respondent’s parental rights to Larry 

and Amy. Respondent appeals.

¶ 11 On appeal respondent contends the trial court erred by determining grounds 

existed to terminate her parental rights. Respondent argues several of the trial 

court’s findings of fact are not supported by clear, cogent, and convincing evidence. 

Respondent then contends the trial court’s findings of fact do not support its

conclusion of law that she willfully failed to make reasonable progress. 
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¶ 12 A termination of parental rights proceeding consists of an adjudicatory stage 

and a dispositional stage. N.C.G.S. §§ 7B-1109, -1110 (2021). 

“We review a trial court’s adjudication under 

N.C.G.S. § 7B-1111 ‘to determine whether the findings are 

supported by clear, cogent and convincing evidence and the 

findings support the conclusions of law.’ ” In re E.H.P., 372

N.C. 388, 392, 831 S.E.2d 49, 52 (2019) (quoting In re 

Montgomery, 311 N.C. 101, 111, 316 S.E.2d 246, 253

(1984)); see also N.C.G.S. § 7B-1109(f) (2019).

Unchallenged findings are deemed to be supported by the 

evidence and are “binding on appeal.” In re Z.L.W., 372 

N.C. 432, 437, 831 S.E.2d 62, 65 (2019). “Moreover, we 

review only those [challenged] findings necessary to 

support the trial court’s determination that grounds

existed to terminate respondent’s parental rights.” In re 

T.N.H., 372 N.C. 403, 407, 831 S.E.2d 54, 58–59 (2019). 

In re L.M.M., 2021-NCSC-153, ¶ 10 (quoting In re K.N.K., 374 N.C. 50, 53, 839 S.E.2d 

735, 737–38 (2020) (alteration in original)). The trial court’s supported findings are 

“deemed conclusive even if the record contains evidence that would support a contrary 

finding.” In re B.O.A., 372 N.C. 372, 379, 831 S.E.2d 305, 310 (2019).

¶ 13 Here the trial court concluded that a ground existed to terminate respondent’s 

parental rights under N.C.G.S. § 7B-1111(a)(2). A trial court may terminate parental 

rights if “[t]he parent has willfully left the juvenile in foster care or placement outside 

the home for more than 12 months without showing to the satisfaction of the court 

that reasonable progress under the circumstances has been made in correcting those 

conditions which led to the removal of the juvenile.” N.C.G.S. § 7B-1111(a)(2). 

Termination under this ground requires the trial court to 
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perform a two-step analysis where it must determine by 

clear, cogent, and convincing evidence whether (1) a child 

has been willfully left by the parent in foster care or 

placement outside the home for over twelve months, and 

(2) the parent has not made reasonable progress under the 

circumstances to correct the conditions which led to the 

removal of the child.

In re Z.A.M., 374 N.C. 88, 95, 839 S.E.2d 792, 797 (2020). A parent’s reasonable 

progress “is evaluated for the duration leading up to the hearing on the . . . petition 

to terminate parental rights.” In re J.S., 374 N.C. 811, 815, 845 S.E.2d 66, 71 (2020)

(quoting In re A.C.F., 176 N.C. App. 520, 528, 626 S.E.2d 729, 735 (2006)). 

[A] respondent’s prolonged inability to improve her 

situation, despite some efforts in that direction, will 

support a finding of willfulness regardless of her good 

intentions, and will support a finding of lack of progress . . . 

sufficient to warrant termination of parental rights under 

section 7B-1111(a)(2). 

[P]arental compliance with a judicially adopted case 

plan is relevant in determining whether grounds for 

termination exist pursuant to N.C.G.S. § 7B-1111(a)(2). 

Id. (citations and quotation marks omitted) (alterations in original).

¶ 14 In its order concluding grounds existed to terminate respondent’s parental 

rights as to Larry, the trial court made the following findings of fact: 

21. That [DSS] assumed non-secure[ ] custody on 

February 15, 2018 . . . .

. . . . 

23. That the minor child . . . was adjudicated to be a 

neglected juvenile on October 18, 2018 via a 

stipulation that he did not receive proper care, 
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supervision or environment from his parents or 

custodians, and lived in an environment injurious to 

his welfare . . . .

. . . .

25. That the initial Family Services Case Plan for 

[respondent] found that the issues that needed to be 

addressed were substance abuse and recommended 

treatment, appropriate supervision and discipline, 

including parenting classes, establishing a stable 

home and employment, cooperating with [DSS], and 

maintaining contact with [DSS] at least once per 

week, and visiting the juvenile a[nd] supporting 

[the] placement of the juvenile. 

26. That during the pendency of this case [respondent] 

failed to make substantial progress on [her] Family 

Services Case Plan. 

. . . . 

28. That [the] [o]rder from the January 10, 2019 [review 

hearing] released [DSS] of reasonable efforts 

towards the reunification with [respondent] due to 

[her] noncompliance with [her] Family Services 

Case Plan, and continuing to test positive for 

controlled substances. 

29. That on January 4, 2019 [respondent] tested positive 

for cocaine. 

30. That on January 10, 2019 [respondent] was not 

employed, did not have stable housing, and has gone 

to very few parenting classes. 

. . . .

33. That the [c]ourt, on January 10, 2019 found that due 

to the very serious and life-threatening injuries 

sustained by the juvenile’s younger sibling [Lisa,]
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which were injuries no[t] the result of an accident, 

in addition to the parents’ failure to address the 

issues which led to removal, including the birth of a 

drug positive infant in 2018, that further 

reunification efforts would be futile and inconsistent 

with the juvenile’s health, safety and need for a safe 

and permanent home within a reasonable period of 

time, and it would be in the best interest of the 

juvenile for [DSS] to be relieved of further 

reunification efforts and proceed with a permanent 

plan for the juvenile. 

. . . .

35. That [respondent] over the pendency of this matter 

has continuously used controlled substances for 

which she does not have a prescription and has given 

birth to two controlled[-]substances[-]positive 

children during the pendency of this matter.

. . . . 

40. That [respondent] ha[s] only sporadically made 

contact with [DSS] to check on the status or welfare 

of [her] minor child.

. . . . 

43. That the minor child has been out of the home for 

more than 32 months at the time of this hearing. 

Then, in a section titled “Ultimate Findings of Fact,” the trial court found the 

following: 

2. That . . . [respondent] ha[s] made no attempts to 

correct any conditions that led to the removal. 

3. That [respondent] did not timely participate in 

substance abuse treatment, did not find suitable 

housing, and did not find suitable employment.
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4. That [respondent] d[oes] not provide care or 

sustenance for [her] minor child, and ha[s] not 

visited on a regular basis.

5. That [respondent] did not make inquiries on [her] 

minor child on a consistent basis. And ha[s] not 

made regular contact with [DSS] to determine which 

actions [she] needed to take to regain custody of 

[her] minor child. 

6. That [respondent] . . . has made little to no efforts to 

correct the conditions that led to the removal of her 

child, and has made no contact with [DSS] to 

ascertain what she must do to correct those 

conditions, and has made no regular visits with her 

child.

. . . . 

8. That [respondent] ha[s] willfully left the juvenile, 

[Larry,] in foster care for more than twelve months 

without showing to the satisfaction of the Court that 

reasonable progress under the circumstances has 

been made in correcting those conditions which led 

to the removal of the juvenile.

¶ 15 The trial court entered a separate order concluding that grounds existed to 

terminate respondent’s parental rights to Amy. Many of the trial court’s findings in 

that order are identical to those in the order terminating respondent’s rights to Larry.

The following are the findings of fact in the order regarding Amy that differ from 

those in the order regarding Larry:

21. That [DSS] assumed non-secure[ ] custody on 

October 9, 2018 because [DSS] received a report on 

October 8, 2018 regarding the juvenile. The juvenile 

was born on October 7, 2018, and tested positive for 

cocaine. [Respondent] tested positive for cocaine and 
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methadone at the time of the juvenile’s birth. 

22. That [respondent] admitted that she had used 

cocaine two days before she gave birth to [Amy]. 

23. That [DSS] had recent child protective services 

history in that three of the juvenile’s siblings were 

currently in foster care due to the physical abuse of 

an infant child, substance abuse, and mental health 

concerns. [Respondent] has not been compliant with 

meeting the needs identified on her Family Services 

Case Plan and continued to test positive for illegal 

substances. 

. . . .

25. That the minor child, [Amy,] was adjudicated to be a 

neglected juvenile on October 10, 2019 via a 

stipulation that she lived in an environment 

injurious to her welfare . . . .

26. That [respondent] does not have stable housing, and 

gave birth to another cocaine-positive infant in 

October 2019.

. . . .

44. That the minor child has been out of the home for 

more than 24 months at the time of this hearing.

. . . . 

47. That the mother attended Black Mountain Recovery 

Center in 2019, and left said program early without 

sufficient explanation.

48. That [respondent] ha[s] failed to provide any form of 

substantial support for the minor child. 

49. That [respondent] and [the] father still have an 

active relationship. 
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. . . . 

51. That [respondent] indicated that she would consume 

controlled substances as a way of coping. 

¶ 16 Respondent argues that several findings of fact are unsupported by the 

evidence. Respondent contests finding of fact 47 in Amy’s order, which states that she 

“attended Black Mountain Recovery Center in 2019, and left said program early 

without sufficient explanation.” She asserts this finding is contrary to the court’s own 

findings in its 24 June 2019 permanency planning order. In that order the trial court 

found that respondent “completed the Black Mountain inpatient substance abuse 

treatment center . . . program on May 3, 2019” and that “[s]he completed the program 

early as she [was] pregnant.” Robbie Lowery, a foster care supervisor at DSS, testified

that respondent stayed at Black Mountain for less than ninety days and left early

“due to her pregnancy, but they let her leave and didn’t have any concerns.” 

Respondent also testified that she left Black Mountain early because she was 

pregnant. Accordingly, we disregard the portion of finding of fact 47 stating that 

respondent left the “[Black Mountain] program early without sufficient explanation.” 

See In re N.G., 374 N.C. 891, 901, 845 S.E.2d 16, 24 (2020) (disregarding findings not 

supported by the evidence).

¶ 17 Respondent also challenges finding of fact 49 in Amy’s order, which states that 

she and the father “still have an active relationship.” Respondent contends that 

because she last saw the father in October of 2019, she did not have an active 
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relationship with him at the time of the hearing. Amy was born on 7 October 2018 as 

a result of respondent’s ongoing relationship with the father. In its review order filed

on 24 June 2019, the trial court found that respondent “maintains a relationship with 

the . . . father as she spent the Memorial Day Weekend with him at a hotel in Myrtle 

Beach, South Carolina.” On 9 October 2019, respondent gave birth to Alex, whose 

father is the same as Larry’s and Amy’s. Accordingly, substantial evidence supported 

the finding that respondent maintained an active relationship with the father. 

¶ 18 Respondent next challenges the findings that she “had not been in regular 

contact with [DSS].” Respondent contends that the findings are unsupported but also 

suggests it was “unreasonable” for her to continue contacting DSS because she 

already knew the contents of her case plan; one of the social workers was not 

responsive to her calls; and once reunification efforts were ceased, DSS said it would 

not “hold [her] hand.” Regardless of these arguments, respondent’s case plan required 

her to “cooperat[e] with [DSS]” and to “maintain[ ] contact with [DSS] at least once 

per week.” After respondent was released from the Black Mountain program in May 

of 2019, she did not contact DSS. Moreover, one of the social workers, Laura Gardner,

testified that from August of 2019 until July of 2020, the period when she was 

assigned to the family, respondent never contacted DSS. Robbie Lowery testified that 

from July of 2020 onward, respondent did not call DSS to inquire about the welfare 

of her children. In her own testimony, respondent admitted she did not stay in regular 
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contact with DSS. Thus, substantial evidence supports these findings.

¶ 19 Respondent also contends that the trial court’s findings related to her case plan 

progress “are wholly unsupported by the other findings and the evidence.” The trial 

court found that respondent “failed to make substantial progress,” “made no attempts 

to correct any conditions that led to the removal,” and “did not timely participate in 

substance abuse treatment, did not find suitable housing, and did not find suitable 

employment.” Respondent contends, however, that her actions in the spring and 

summer of 2020—specifically, completing another substance abuse treatment

program, obtaining a job, and securing a two-bedroom apartment—indicate that she 

made reasonable progress on her case plan.

¶ 20 In so doing, respondent erroneously relies in part on evidence presented at the 

disposition stage of the proceeding. See In re Z.J.W., 376 N.C. 760, 2021-NCSC-13, 

¶ 17 (holding that the trial court erroneously “relied upon . . . dispositional evidence 

as support for its adjudicatory finding”). Moreover, respondent relies on her own 

testimony at the adjudicatory stage detailing her progress in the spring and summer 

of 2020. Robbie Lowery, however, testified respondent had not followed through on 

any of her case plan requirements and never presented proof of employment. Laura 

Gardner testified that respondent did not attempt to show she was addressing her 

substance abuse issues and made no requests for DSS to inspect a new residence. 

Although respondent informed Laura Gardner in April 2020 that she was employed, 
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had entered another rehabilitation program, and was expected to graduate in June 

2020, respondent never provided evidence of her employment or completion of the 

rehabilitation program. The trial court weighed this competing evidence and found 

the testimony from DSS staff to be more credible than respondent’s testimony. See In 

re C.A.H., 375 N.C. 750, 759, 850 S.E.2d 921, 927 (2020) (noting that the trial court, 

given its unique position, is the proper entity to make credibility determinations). 

Accordingly, we conclude that the findings that respondent did not make progress on 

her case plan are supported by the evidence. 

¶ 21 The trial court’s findings of fact support its conclusion that respondent’s 

parental rights were subject to termination based on N.C.G.S. § 7B-1111(a)(2). Larry 

was removed from respondent’s care on or about 7 February 2018. Amy was removed 

from respondent’s care on or about 9 October 2018. Both children had remained 

continuously in their placements outside of respondent’s care when the termination 

of parental rights petitions were filed on 24 January 2020. Thus, both children were 

in a placement outside respondent’s care for more than twelve months preceding the 

filing of the petitions. 

¶ 22 Moreover, the evidence showed that respondent exhibited a prolonged inability 

to improve her situation. Larry was originally removed from respondent’s care 

because the father abused Lisa. Nonetheless, respondent continuously maintained a 

relationship with the father throughout these proceedings. Moreover, respondent did 
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not improve her substance abuse. From March until July of 2018, respondent 

repeatedly either tested positive for controlled substances or refused drug screens. 

Then on 7 October 2018, Amy tested positive for cocaine when she was born, and 

respondent admitted to using cocaine two days before the birth. Respondent tested 

positive for cocaine again on 4 January 2019. The trial court ceased efforts toward 

reunification with respondent in part because respondent “continue[d] to test positive 

for illegal substances.” Although respondent completed the Black Mountain 

treatment program in May of 2019, her last child, born in October of 2019, also tested 

positive for cocaine at birth. Respondent “was not employed, did not have stable

housing, and ha[d] gone to very few parenting classes.” Respondent also consistently 

failed to cooperate and remain in contact with DSS. Thus, the trial court’s findings of 

fact support its conclusion of law that respondent willfully left the children in a 

placement outside the home and failed to make reasonable progress. Accordingly, the 

trial court properly terminated respondent’s parental rights under N.C.G.S. 

§ 7B-1111(a)(2).

¶ 23 Respondent also argues the trial court erred in terminating her parental rights 

under N.C.G.S. §§ 7B-1111(a)(1) and (7). Because we conclude the trial court properly 

terminated respondent’s parental rights based on N.C.G.S. § 7B-1111(a)(2), we do not 

address respondent’s remaining arguments. See In re Moore, 306 N.C. 394, 404, 293 

S.E.2d 127, 133 (1982) (stating that an appealed order should be affirmed when any 
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one of the grounds found by the trial court is supported by findings of fact based on 

clear, cogent, and convincing evidence); see also N.C.G.S. § 7B-1111(a) (“The court 

may terminate the parental rights upon a finding of one or more [grounds for 

termination.]”). Thus, we affirm the trial court’s orders.

AFFIRMED.