In re J.E.S., ___ N.C. App. ___ (June 3, 2026)
Held:
Affirmed
- Facts: Mother appeals a permanency planning order that eliminated reunification with her and a termination of her parental rights to the three youngest of her eight children. Regarding her other five children, mother’s rights to four of them were previously terminated and one child died from nonaccidental injuries of which mother was convicted for felony aggravated battery. The three children in the current A/N/D and TPR actions were adjudicated based on circumstances created by mother’s mental health, personality disorders, borderline intellectual functioning, housing, use of marijuana, and failure to provide proper care and supervision, including a lack of vaccinations and well-child checkups for the twins who were born prematurely. There was a car accident where mother was driving with all three young children without appropriate seats resulting in two of the children suffering traumatic brain injuries and skull fractures, and one child having hypothermia due to inappropriate clothing in the cold weather. Through her case plan, mother engaged in therapy, completed a parenting class, worked with a parenting aide, was employed, and obtained independent housing but did not address medication management and the need for it through a psychiatric evaluation and was unable to show an understanding of the children’s reasons for care and how to appropriately supervise the children. Ultimately a primary permanent plan of adoption and a secondary plan of reunification with father was ordered. Reunification with mother was eliminated.
- Eliminating reunification: The standard of review is whether the findings are based on credible evidence and support the conclusions of law and whether the court abused its discretion when determining the disposition. Reunification must be a permanent plan unless the court makes findings required by G.S. 7B-906.2(b) and (d).
- Challenged findings are supported by the evidence including (i) a psychological and parenting capacity evaluations addressing mother’s inability to demonstrate insight, (ii) her extensive child protective history, (iii) a social worker’s testimony about mother’s inconsistent mood regulation and parenting skills, and (iv) mother’s failure to engage in medication management. The findings support the conclusion.
Category:
Abuse, Neglect, DependencyStage:
Eliminate ReunificationTopic:
Findings of Fact