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. Mother’s rights were terminated for neglect, a prior TPR and failure to provide a safe home, and dependency.
- Neglect includes the failure to provide proper care, supervision, and discipline; not providing or arranging for necessary medical or remedial care; or creating an injurious environment to the juvenile’s welfare. It is relevant whether the child lives in a home where another child has died as a result of suspected abuse or neglect or where another child has been abused or neglected by an adult who regularly lives in the home. G.S. 7B-101(15).
- Challenged findings are supported by the evidence and those findings as well as unchallenged findings support the conclusion of neglect. The findings show a likelihood of future neglect based on mother’s marijuana use impairing her judgment with supervision; her inability to safely parent due to her mental health, intellectual functioning, and CPS and criminal history; and her past behavior including felony assault resulting in death of one child, TPRs of other children, and the car accident resulting in these children’s injuries; and a lack of appropriate supervision.
Category:
Termination of Parental RightsStage:
AdjudicationTopic:
Neglect