In re J.B.10/4/2005
ontgomery, 311 N.C. 101, 110-11, 316 S.E.2d 246, 252-53 (1984). We will affirm an order terminating parental rights when the findings of fact support a conclusion of law as to one or more of the grounds stated in N.C.G.S. § 7B-1111. In re Swisher, 74 N.C. App. 239, 240, 328 S.E.2d 33, 34-35 (1985).
When deciding a petition to terminate parental rights, a trial court must determine the fitness of the parent to care for the children at the time of the termination proceeding. In re Ballard, 311 N.C. 708, 715, 319 S.E.2d 227, 232 (1984). A trial court may consider "evidence of neglect by a parent prior to losing custody of a child--including an adjudication of such neglect . . . ." Id. A trial court may also examine evidence of events which occurred before the prior adjudication of neglect. Id. at 716, 319 S.E.2d at 232-33. However, a trial court must make its decision based upon the best interests of the children at the time of the termination proceeding and consider "any evidence of changed conditions in light of the evidence of prior neglect and the probability of a repetition of neglect." Id. at 715, 319 S.E.2d at 232.
The existence of one of the statutory grounds for termination under N.C.G.S. § 7B-1111 is sufficient to support a termination of parental rights. In re Allred, 122 N.C. App. 561, 565, 471 S.E.2d 84, 86 (1996). For the reasons set forth below, we hold that the trial court's findings of fact that respondent neglected thechildren are supported by clear, cogent and convincing evidence. Therefore, having found that respondent neglected the children in accordance with the terms of N.C. Gen. Stat. § 7B-1111(a)(1), we need not address the remaining ground for termination found by the trial court. See In re Taylor, 97 N.C. App. 57, 64, 387 S.E.2d 230, 233-34 (1990); In re Moore, 306 N.C. 394, 404, 293 S.E.2d 127, 133 (1982), appeal dismissed, 459 U.S. 1139, 74 L.Ed. 2d 987 (1983).
Respondent specifically assigns error to the following findings of fact contained in the order to terminate parental rights:
4. The minor children were adjudicated to be neglected on April 3, 2003, and were neglected pursuant to North Carolina General Statute 7B- 101, due to [respondent's] inability to provide proper care, supervision, or discipline for the children, due in large part to her drug and alcohol abuse. Specifically, [respondent] neglected the children in that:
i. On several occasions, while [respondent] was out of the home in search of or using illegal drugs, she left the children either completely unsupervised in the home or inappropriately supervised in the home of her ex-husband Manley May, who was a convicted felon; and in that,
ii. [Respondent] was unable to help the children with everyday tasks when they lived with her because she was often "passed out." The elder of the two children, J.B. often had to assume parental duties.
6. Both parents have willfully left the children in foster care or placement outside the home for more than twelve months without showing that reasonable progress has been made in correcting the conditions that led to thechildren's removal.
8. [Respondent] has in the past denied having a drug or alcohol problem, although received several complaints, going back to 1993, concerning situations similar to the one which most recently brought the children into foster care. During the most recent neglect proceeding, [respondent] signed a services agreement with but has failed to comply with its recommendations with any consistency and has in the past denied having an alcohol or drug problem. At the last review hearing, on June 12, 2003, the Court made visitation between [respondent] and the ju
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