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In re J.B.10/4/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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.
Respondent is the mother of J.B., a fourteen-year-old girl born on 20 March 1991, and A.B., a thirteen-year-old boy born on 7 March 1992 (the children). Since 1993, several complaints of neglect have been filed against respondent and the children's father with the Rockingham County Department of Social Services (DSS).
In November 1999, DSS substantiated that respondent left the children, then ages eight and seven, alone in a vehicle outside of a bar while respondent was inside "very intoxicated." Respondent again left the children alone and unsupervised at home on 16 April 2000. As a result, DSS removed the children from respondent'shome, and the children were adjudicated neglected.
The children remained in foster care for nine months, from April 2000 to January 2001. The children were returned to respondent's custody on 16 January 2001. Respondent's problems with substance abuse continued. In July 2001, respondent was arrested for driving while impaired and was convicted of the charge in December 2001. Respondent completed the required substance abuse classes at Rockingham County Mental Health (mental health) and regained her driver's license in July 2002. However, she failed to follow mental health's recommendation that she continue substance abuse treatment.
In April 2002, DSS substantiated that respondent again left the children alone and unsupervised while she spent the night out of town in Burlington. Respondent's substance abuse continued to impair her ability to care for the children. Respondent signed a services agreement with DSS requiring her to obtain a substance abuse evaluation from mental health and to follow its recommendations. Respondent failed to do so and consistently denied to DSS that she had a problem with alcohol or drugs.
DSS learned in January 2003 that respondent had been arrested in Alamance County for felony possession of cocaine, misdemeanor possession of a Schedule IV controlled substance, and misdemeanor possession of drug paraphernalia. On this occasion, respondent had left the children in the home of her former husband, a convicted felon. DSS learned that respondent had frequently left the children unsupervised with her former husband for entire weekends. In January 2003, respondent sought a substance evaluation from mental health as required by respondent's services agreement with DSS. Mental health recommended that respondent check herself into an inpatient medical detoxification program and continue to receive counseling on an outpatient basis. Respondent failed to comply with these recommendations.
Respondent continued to provide inappropriate care and supervision of the children. Respondent drove while impaired, with the children in the vehicle. Frequently, respondent "passed out" or was otherwise unable to function. This resulted in respondent's failure to help the children with school attendance, homework, and everyday tasks. Respondent's parental responsibilities often fell to J.B. Many times, J.B. was left to care for herself and A.B., her younger brother.
DSS filed a petition alleging the children were neglected on 6 February 2003. Respondent failed to appear at the hearing on 6 March 2003, despite having been served with notice. The trial court entered a non-secure custody order on 6 March 2003, giving DSS custody of the children and continuing the hearing until 3 April 2003. The children were placed with licensed foster pare
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