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Domestic Relations – Parent & Child – Termination of Parental Rights – Failure to Make Progress

After “Michael” and “Kevin” were removed from her care, the respondent-Mother failed to make progress on her case plan, especially the parts designed to address her substance abuse. Mother belatedly obtained several psychological and substance abuse evaluations, but she was not candid with accurate information and failed to comply with the recommendations. Mother was recalcitrant. She “stated on multiple occasions that she will not take drug screens as it would not benefit her situation to do so” and refused 39 drug screens. She also “admitted on the stand that she did not submit to the requested drug screens because she had smoke[d] marijuana throughout the case and every now and then used methamphetamine.” Both Kevin and Michael have previously tested positive for methamphetamines and amphetamines while in Mother’s care.

Mother has also failed to cooperate and attend the juvenile’s medical appointments, including failing to take Michael for multiple scheduled medical visits to monitor and treat his brain cancer. In sum, Mother has willfully failed to meaningfully improve the conditions leading to Michael’s and Kevin’s removal and to demonstrate reasonable progress to overcome those conditions. Grounds existed to terminate Mother’s parental rights under G.S. § 7B-1111(a)(2).

We affirm the termination of Mother’s parental rights.

In re K.M.C. (Lawyers Weekly No. 011-040-23, 15 pp.) (John Tyson, J.) Appealed from Henderson County District Court (Gene Johnson, J.) Mercedes Chut for respondent; Susan Davis for petitioner; Greg Crumpler for guardian ad litem. N.C. App.

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