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In re M.B.10/4/2005
e or placement outside of the home for more than twelve months and there was no showing that reasonable progress had been made towards correcting the conditions which ledto their removal. Further, the trial court determined that the best interests of the children would be served by the termination of respondents' parental rights. Both L.W. and N.B. now appeal.
I.
On appeal, L.W. contends that the trial court erred by finding and concluding that she willfully left M.B. and E.W. in foster care without making reasonable progress towards correcting those conditions which led to the removal of the children. Similarly, although N.B. characterizes his primary argument on appeal as a challenge to certain findings made by the trial court, the gravamen of his argument is that the trial court erred by finding and concluding that he willfully left M.B. in foster care without making reasonable progress towards correcting the conditions which led to the removal of the child. We conclude that the challenged determination with respect to each respondent must be affirmed.
This Court reviews an order terminating parental rights for whether the findings of fact are supported by clear, cogent, and convincing evidence, and whether those findings of fact support a conclusion that parental rights should be terminated for one of the grounds set forth in the General Statutes. In re Oghenekevebe, 123 N.C. App. 434, 439, 473 S.E.2d 393, 398 (1996). Where a trial court concludes that parental rights should be terminated pursuant to several of the statutory grounds, the order of termination will be affirmed if the court's conclusion with respect to any one of the statutory grounds is supported by valid findings of fact. In re Swisher, 74 N.C. App. 239, 240-41, 328 S.E.2d 33, 34-35 (1985). Pursuant to N.C. Gen. Stat. § 7B-1111(a)(2) (2003), a parent's rights to a child may be terminated if
he parent has willfully left the juvenile in foster care or placement outside the home for more than 12 months without showing to the satisfaction of the court that reasonable progress under the circumstances has been made in correcting those conditions which led to the removal of the juvenile.
"A finding of willfulness does not require a showing of fault by the parent." Oghenekevebe, 123 N.C. App. at 439, 473 S.E.2d at 398. "Willfulness is established when the respondent had the ability to show reasonable progress, but was unwilling to make the effort." In re McMillon, 143 N.C. App. 402, 410, 546 S.E.2d 169, 175, disc. review denied, 354 N.C. 218, 554 S.E.2d 341-42 (2001). "A finding of willfulness is not precluded even if the respondent has made some efforts to regain custody of the children." In re Nolen, 117 N.C. App. 693, 699, 453 S.E.2d 220, 224 (1995). The failure to abide by the terms of a case plan is evidence that a parent has failed to make reasonable progress towards correcting those conditions which led to the removal of the juvenile. In re O.C., No. COA04-923, slip op. at 13-15, __ N.C. App. __, __, 615 S.E.2d 391, __ (filed 19 July 2005).
In the instant case, the trial court made findings of fact that L.W. had failed to comply with her case plan in that, inter alia, she (1) did not complete the class on parenting children from age five to twelve; (2) did not complete the substance abuse treatment program to which she was referred; (3) spent time in jail for her failure to participate in court-affiliated substance abusetreatment; and (4) had not procured and maintained stable housing. Likewise, the trial court made findings of fact that N.B. had failed to comply with his case plan in that, inter alia, he (1) never appropriately addressed his substance abuse problem, as ev
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