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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

NO. COA04-569 NORTH CAROLINA COURT OF APPEALS Filed: 21 December 2004

IN THE MATTER OF: D.C. M.L.

Buncombe County No. 02 J 77

Appeal by respondent mother from judgment entered 9 January 2004 by Judge Gary S. Cash in Buncombe County District Court. Heard in the Court of Appeals 29 November 2004. John C. Adams for petitioner-appellee Department of Social Services. Buncombe County

Michael N. Tousey, Attorney for Guardian ad Litem Brent Battles, for the minor children. Richard Croutharmel for respondent-appellant mother. STEELMAN, Judge. The minor children came to the attention of Buncombe County Department of Social Services (DSS) in July 2001, when it was reported that the two minor children and their two older half siblings were neglected due to lack of proper medical care and stable housing, and exposure to "constant domestic violence" After two mother's

between respondent mother and respondent father. subsequent reports of neglect based upon respondent

failure to properly supervise the minor children and failure to correct any of the deficiencies found in this case, DSS petitioned

-2to have the children adjudicated neglected on 1 March 2002. Non-

secure custody hearings were conducted on several occasions in March 2002, with non-secure custody being continued with DSS. Respondent mother was granted supervised visitation at the offices of DSS. Adjudication was set for April 2002.

The district court conducted adjudication and disposition hearings on 22 April 2002. Respondent mother had to-date failed to get a drug assessment or treatment, and had not executed a service or visitation plan. Despite their attempts, DSS and the children's guardian ad litem had been unable to get in contact with respondent mother. With the exception of a visit on 27 March 2002, respondent

mother had not visited with the children since they had been in the custody of DSS. Respondent mother was not in attendance at the 22 The court subsequently adjudicated the

April 2002 hearings.

children neglected and ordered that the children remain in the legal custody of DSS. While the initial plan of DSS was to reunify the minor children with respondent mother, the plan was changed in January 2003 when respondent mother failed to take any steps to correct the conditions that led to the children's removal from the home. Respondent mother attended only one permanency planning hearing after the non-secure custody hearing on 25 March 2002. In fact, It

she was in jail from 14 October 2002 through 7 January 2003.

was not until after DSS filed its petition to terminate respondent mother's parental rights, on 4 September 2003, that respondent mother began to participate in various rehabilitative programs.

-3Significantly, her participation in these programs was to comply with the terms and conditions of her probation, and not necessarily to reunify her family. Despite participation in the rehabilitative programs, however, respondent mother still relapsed into drug use in June and September 2003. The termination hearing was held on 3 and 6 November 2003 before Judge Gary S. Cash. After hearing the testimony and

reviewing the underlying court orders and adjudication, Judge Cash entered an order terminating respondent mother's parental rights as to the two minor children. The trial court found that grounds

existed pursuant to N.C. Gen. Stat.

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