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In re J.B.10/4/2005
st interests of the child. Id. "Unless the trial court determines that the best interests of the child require otherwise, the termination order shall be issued." Id.
A trial court may terminate parental rights upon a finding of one or more of the grounds set forth in N.C. Gen. Stat. § 7B- 1111(a) (2004). The grounds relied upon by the trial court in the present case are:
(1) The parent has abused or neglected the juvenile. The juvenile shall be deemed to be abused or neglected if the court finds the juvenile to be an abused juvenile within the meaning of G.S. 7B-101 or a neglected juvenile within the meaning of G.S. 7B-101.
(3) The juvenile has been placed in the custody of a county department of social services, a licensed child-placing agency, a child-caring institution, or a foster home, and the parent, for a continuous period of six months next preceding the filing of the petition or motion, has willfully failed for such period to pay a reasonable portion of the cost of care for the juvenile although physically and financially able to do so.
N.C.G.S. § 7B-1111(a). A neglected juvenile is defined as follows:
A juvenile who does not receive proper care, supervision, or discipline from the juvenile's parent, guardian, custodian, or caretaker; or who has been abandoned; or who is not provided necessary medical care; or who is not provided necessary remedial care; or who lives in an environment injurious to the juvenile's welfare; or who has been placed for care oradoption in violation of law.
N.C. Gen. Stat. § 7B-101(15) (2004). Pursuant to N.C. Gen. Stat. § 7B-1109(e) (2004),
The court shall take evidence, find the facts, and shall adjudicate the existence or nonexistence of any of the circumstances set forth in G.S. 7B-1111 which authorize the termination of parental rights of the respondent. The adjudicatory order shall be reduced to writing, signed, and entered no later than 30 days following the completion of the termination of parental rights hearing.
In the present case, the trial court identified the particular grounds for termination of respondent's parental rights in its findings of fact. The trial court made a finding that " here exist grounds for termination of . . . [respondent's] parental rights with respect to the juveniles, J.B. and A.B. The children have been neglected by their parents and have been left in placement outside the home for more than twelve months without making reasonable progress." The trial court clearly identified two specific statutory grounds for termination of respondent's parental rights within its findings of fact. The trial court's order complied with the requirements of N.C.G.S. § 7B-1109(e) that the trial court "shall take evidence, find the facts, and shall adjudicate the existence . . . of any of the circumstances set forth in G.S. 7B-1111 which authorize the termination of parental rights of the respondent." N.C.G.S. § 7B-1109(e).
V.
Finally, respondent argues that the trial court erred by making findings of fact that were not supported by clear, cogent and convincing evidence. Our Court must determine "whether the trial court's findings of fact are supported by clear, cogent, and convincing evidence and whether the findings of fact support the conclusions of law." In re D.J.D., ___ N.C. App. ___, ___, 615 S.E.2d 26, 32 (2005) (citing In re Huff, 140 N.C. App. 288, 291, 536 S.E.2d 838, 840 (2000), disc. review denied, 353 N.C. 374, 374, 547 S.E.2d 9, 9-10 (2001)). We are bound by the findings of thetrial court "where there is some evidence to support those findings, even though the evidence might sustain findings to the contrary." In re M
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