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In re M.B.10/4/2005
idenced by a driving while impaired arrest and conviction following completion of his substance abuse treatment; (2) only completed approximately ten applications for housing in a two-year period, which the court did not consider a "diligent search"; and (3) was inconsistent in his visitation with the children in that he was absent or tardy for several visits. All of these findings are amply supported by clear, cogent, and convincing evidence presented at the termination hearing through the testimony of YFS social worker Laura Moreau. Further, these findings support the trial court's conclusion that "respondent parents have each willfully left the juveniles in foster care or placement outside the home for more than twelve (12) months without showing to the satisfaction of the Court that reasonable [progress] has been made in correcting those conditions which led to the removal of the juveniles."
Our holding with respect to this ground for termination makes it unnecessary for us to consider respondent parents' arguments concerning the other grounds upon which their parental rights were terminated. See Swisher, 74 N.C. App. at 240-41, 328 S.E.2d at 34-35. The corresponding assignments of error are overruled.
II.
Both L.W. and N.B. also contend that the trial court abused its discretion by determining that the best interests of M.B. andE.W. would be served by the termination of their parental rights. We disagree.
If the trial court determines that grounds to terminate parental rights exist, "the court shall issue an order terminating the parental rights of such parent with respect to the juvenile unless the court shall further determine that the best interests of the juvenile require that the parental rights of the parent not be terminated." N.C. Gen. Stat. § 7B-1110(a) (2003) (emphasis added). "The trial court's decision to terminate parental rights, if based upon a finding of one or more of the statutory grounds supported by evidence in the record, is reviewed on an abuse of discretion standard." McMillon, 143 N.C. App. at 408, 546 S.E.2d at 174.
As already indicated, the trial court properly found that neither L.W. nor N.B. had complied with their case plan and that neither of them had made sufficient progress towards correcting the problems which led to the removal of E.W. and M.B. from Leslie W. and the removal of M.B. from N.B. Furthermore, the evidence at the termination hearing showed that the children were doing well in their foster placement. Given these facts and circumstances, we are unpersuaded that the trial court abused its discretion by determining that the best interests of M.B. and E.W. would be served by a termination of respondents' parental rights. The corresponding assignments of error are overruled.
Affirmed.
Judges McGEE and JACKSON concur.
Report per Rule 30(e).
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