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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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 A p p e l l a t e P r o c e d u r e .

NO. COA13-92 NORTH CAROLINA COURT OF APPEALS Filed: 2 July 2013 IN THE MATTER OF: G.L.K. Wilkes County No. 11 JT 69

Appeal by Respondent-father from order entered 31 October 2012 by Judge Jeanie R. Houston in Wilkes County District Court. Heard in the Court of Appeals 11 June 2013. Paul W. Freeman, Jr., for Department of Social Services. Petitioner Wilkes County

Mercedes O. Chut for Respondent-father. Louise M. Paglen for Guardian ad litem. STEPHENS, Judge.

-2Respondent-father appeals from the trial court's order

terminating his parental rights to G.L.K. ("George").1 the trial court's order. In Services July 2010, the Wilkes providing County case Department management

We affirm

of

Social to

("DSS")

began

services

George's family due to concerns about substance abuse, domestic violence, and improper care of George, who was six months old at the time. Respondent-father and George's mother entered into Respondent-father incarcerated in

case plans to address the areas of concern. had a substance abuse assessment, but was

October 2010 and did not complete his case plan.

The mother was

also unsuccessful with her case plan, and, on 14 April 2011, DSS filed a juvenile petition alleging George was neglected. that same date, DSS obtained nonsecure custody of George. On The

matter was heard on 17 May 2011, and with the consent of both parents, the trial court adjudicated George neglected. On 20 February 2012, the trial court conducted a permanency planning hearing and relieved DSS of further efforts at

reunification.

At a subsequent permanency planning hearing on

16 April 2012, the trial court established a concurrent plan of placement with an "approved caregiver[] and/or adoption."
1

On 12

A pseudonym is used for ease of reading and to protect the juvenile's identity. See N.C.R. App. P. 3.1(b).

-3June 2012, DSS filed a petition to terminate parental rights and, as to Respondent-father, alleged neglect, willful failure to pay a reasonable portion of the cost of care, and dependency. The termination of parental rights hearing was held on 11 October 2012, after which the trial court found that grounds existed to terminate Respondent-father's parental rights on the basis of neglect and dependency. The court determined that

termination of Respondent-father's parental rights was in the best interests of George and entered an order terminating his rights. Respondent-father appeals.2 challenges existed to the trial his court's parental

Respondent-father determination that

grounds

terminate

rights on the basis of dependency and neglect, contending each ground was unsupported by the evidence or the findings of fact. We disagree. "The standard for review in termination of parental rights cases is whether the findings of fact are supported by clear, cogent and convincing evidence and whether these findings, in turn, support the conclusions of law." App. 118, 124, 323 S.E.2d 754, 758 (1984). In re Clark, 72 N.C.

2

The mother's parental rights were also terminated; however, she did not challenge the termination and is not a party to this appeal.

-4A trial court may terminate parental rights based on a finding [t]hat the parent is incapable of providing for the proper care and supervision of the juvenile, such that the juvenile is a dependent juvenile within the meaning of G.S. 7B-101, and that there is a reasonable probability that such incapability will continue for the foreseeable future. Incapability under this subdivision may be the result of substance abuse, mental retardation, mental illness, organic brain syndrome, or any other cause or condition that renders the parent unable or unavailable to parent the juvenile and the parent lacks an appropriate alternative child care arrangement. N.C. Gen. Stat.

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