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In re J.B.10/4/2005
h the children. In June 2002, A.B. went to live with his father. DSS substantiated two complaints of neglect of A.B. by his father, including an incident when A.B.'s father held a pillow over A.B.'s face during an argument. A.B. was returned to respondent's custody in December 2002. The children's father testified that his substance abuse made him unfit to have custody of the children. He further testified that he believed it was in the best interests of the children that the parental rights of both he and respondent be terminated. The children's father also testified that he and respondent had consumed alcohol and had used crack cocaine in January 2004, just weeks before the termination hearing.
John W. Grogan, Jr. (Mr. Grogan), a licensed family therapist, testified that he began treating the children in April 2003. He testified that at that time the children demonstrated symptoms consistent with post-traumatic stress disorder, including anxiety, depressed mood, nightmares, flashbacks, and fearfulness, as well as oppositional defiant disorder in dealing with authority figures. Mr. Grogan also testified that the children had improved since their foster care placement, and that J.B. had shown the most improvement and was an honor roll student. The children had become less defiant and argumentative, but expressed anxiety about beingwith respondent and their father. The children stated to Mr. Grogan that they felt comfortable and safe with their foster parents.
After considering the evidence, testimony, and legal arguments of the parties presented at the adjudication and disposition phases of the termination of parental rights hearing, the trial court terminated the parental rights of respondent and the children's father.
The trial court continued the post-disposition review hearing pursuant to N.C. Gen. Stat. § 7B-906, and the permanency planning hearing pursuant to N.C. Gen. Stat. § 7B-907. Both hearings were continued from 22 January 2004 until 5 February 2004. Respondent received notice of the 5 February 2004 review and permanency planning hearings by certified mail on 24 January 2004. At the conclusion of the termination of parental rights hearing on 5 February 2004, the trial court conducted the review and permanency planning hearings.
The order terminating the parental rights of respondent and the children's father was filed on 19 March 2004. The children's father does not appeal the trial court's order. At the termination of parental rights hearing, respondent orally advised the trial court of her intent to appeal. However, respondent did not file a timely notice of appeal of the 19 March 2004 order terminating her parental rights. Respondent filed a petition for writ of certiorari to this Court on 28 June 2004. By order dated 15 July 2004, our Court allowed respondent's appeal of the 19 March 2004order terminating respondent's parental rights.
I.
Respondent first argues that the trial court erred by failing to conduct a permanency planning hearing and by failing to make findings of fact pursuant to N.C. Gen. Stat. § 7B-907 and N.C. Gen. Stat. § 7B-507 prior to terminating respondent's parental rights. Respondent has cited no statutory requirement that a trial court conduct a permanency planning hearing under N.C. Gen. Stat. § 7B- 907 prior to terminating a parent's parental rights. Likewise, respondent has cited no requirement that a trial court make findings of fact pursuant to a permanency planning hearing before termination of respondent's parental rights. Article 11 of the Juvenile Code of the North Carolina General Statutes sets forth the procedure for termination of parental rights. N.C. Gen. Stat. § 7B-1100 et. seq. (2004). Arti
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