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In re J.B.10/4/2005
nts.
At the hearing on 3 April 2003, the trial court adjudicated the children as neglected. The trial court found that respondent's substance abuse demonstrated an ongoing inability to provide appropriate supervision and care of the children. The trial court also found that even though DSS had offered respondent resources to address her substance abuse problem, respondent failed to availherself of those resources and denied she had any substance abuse problem. The trial court specifically ordered respondent to "comply with and complete inpatient treatment and [intensive outpatient treatment] before being allowed any visitation with the . . . children."
The trial court held a review hearing on 12 June 2003. At the hearing, respondent declined an opportunity to present evidence to show she was making an effort to remedy her substance abuse problem. Respondent and the children's father indicated "that they did not wish to have a hearing or be heard, and that there [were] no issues they wish to address."
After the 12 June 2003 review hearing, DSS social worker Bobbie Webster (Ms. Webster) advised respondent how to obtain the required substance abuse treatment. Ms. Webster told respondent that respondent would need to bring verification of treatment in order to schedule visits with the children. However, respondent made no effort to obtain treatment and made it difficult for Ms. Webster to contact her.
DSS filed a petition on 8 October 2003 to terminate the parental rights of respondent and the children's father. The children had been in the custody of DSS since their removal from respondent in March 2003, seven months earlier. As of October 2003, DSS had not heard from respondent for approximately four months.
Respondent contacted DSS in November and December 2003 and asked to visit the children. Ms. Webster told respondent thatrespondent would have to provide verification of her substance abuse treatment. Respondent agreed to do so, but failed to provide verification.
DSS filed a motion on 4 December 2003 for a review hearing pursuant to N.C. Gen. Stat. § 7B-906. The motion also requested a permanency planning hearing pursuant to N.C. Gen. Stat. § 7B-907. The trial court scheduled the hearings for 22 January 2004. Initially, a notice of hearing for the termination of parental rights was issued on 19 November 2003 and again on 5 December 2003. The trial court continued the hearing until 22 January 2004. Respondent received notice on 12 January 2004. The hearing began on 22 January 2004, but could not be completed and the trial court continued the hearing until 5 February 2004. Respondent received notice on 2 February 2004. At the 5 February 2004 hearing, Rockingham County District Court files 00 J 35 and 00 J 36 were admitted into evidence. These two files pertained to a prior adjudication of neglect of the children and detailed complaints of prior neglect.
Respondent did not testify at the termination of parental rights hearing. Respondent provided no evidence that she had sought substance abuse treatment other than a report showing she had received treatment in September and October 2003, had skipped treatment in November, and had again sought treatment in December 2003. The report referred to respondent's treatment for alcohol abuse, but did not mention any treatment for cocaine abuse. The guardian ad litem district administrator, Tabetha Delancey,testified that respondent quit the inpatient treatment program because respondent "didn't feel she needed to go."
Evidence at the hearing showed that the children's father also had a history of substance abuse. The children's father had never assumed a parental role wit
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