{ "id": 12169314, "name": "IN THE MATTER OF B.S.O., V.S.O., R.S.O., A.S.O., Y.S.O.", "name_abbreviation": "In re B.S.O.", "decision_date": "2014-07-01", "docket_number": "No. COA14-186", "first_page": "706", "last_page": "722", "citations": [ { "type": "official", "cite": "234 N.C. App. 706" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "615 S.E.2d 26", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12633239 ], "year": 2005, "pin_cites": [ { "page": "33", "parenthetical": "citation, quotation marks, and brackets omitted" } ], "opinion_index": 0, "case_paths": [ "/se2d/615/0026-01" ] }, { "cite": "652 S.E.2d 262", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12639675 ], "year": 2007, "opinion_index": 0, "case_paths": [ "/se2d/652/0262-01" ] }, { "cite": "643 S.E.2d 599", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12638129 ], "pin_cites": [ { "page": "601" } ], "opinion_index": 0, "case_paths": [ "/se2d/643/0599-01" ] }, { "cite": "625 S.E.2d 779", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12635064, 12635065, 12635063 ], "year": 2006, "opinion_index": 0, "case_paths": [ "/se2d/625/0779-02", "/se2d/625/0779-03", "/se2d/625/0779-01" ] }, { "cite": "618 S.E.2d 241", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12633847 ], "weight": 3, "year": 2005, "pin_cites": [ { "page": "247", "parenthetical": "citation and quotation marks omitted" }, { "page": "246" }, { "page": "246" } ], "opinion_index": 0, "case_paths": [ "/se2d/618/0241-01" ] }, { "cite": "671 S.E.2d 47", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12642540 ], "weight": 2, "year": 2009, "pin_cites": [ { "page": "51-52" }, { "page": "53" } ], "opinion_index": 0, "case_paths": [ "/se2d/671/0047-01" ] }, { "cite": "641 S.E.2d 725", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12637928 ], "weight": 3, "year": 2007, "pin_cites": [ { "page": "735" }, { "page": "729" } ], "opinion_index": 0, "case_paths": [ "/se2d/641/0725-01" ] }, { "cite": "635 S.E.2d 916", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12636952 ], "year": 2006, "pin_cites": [ { "page": "917" } ], "opinion_index": 0, "case_paths": [ "/se2d/635/0916-01" ] }, { "cite": "628 S.E.2d 387", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12635580 ], "year": 2006, "pin_cites": [ { "page": "389" } ], "opinion_index": 0, "case_paths": [ "/se2d/628/0387-01" ] }, { "cite": "638 S.E.2d 236", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12637349 ], "weight": 2, "year": 2006, "pin_cites": [ { "page": "240" }, { "page": "240", "parenthetical": "stating that \"erroneous findings unnecessary to the determination do not constitute reversible error\"" } ], "opinion_index": 0, "case_paths": [ "/se2d/638/0236-01" ] }, { "cite": "330 S.E.2d 213", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1985, "pin_cites": [ { "page": "218" } ], "opinion_index": 0 }, { "cite": "74 N.C. App. 751", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8526168 ], "year": 1985, "pin_cites": [ { "page": "759" } ], "opinion_index": 0, "case_paths": [ "/nc-app/74/0751-01" ] }, { "cite": "319 S.E.2d 227", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1984, "pin_cites": [ { "page": "231", "parenthetical": "\"[I]n ruling upon a petition for termination of parental rights for neglect, the trial court may consider neglect of the child by its parents which occurred before the entry of a previous order taking custody from them.\"" }, { "page": "231-32" } ], "opinion_index": 0 }, { "cite": "311 N.C. 708", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4683935 ], "weight": 2, "year": 1984, "pin_cites": [ { "page": "713", "parenthetical": "\"[I]n ruling upon a petition for termination of parental rights for neglect, the trial court may consider neglect of the child by its parents which occurred before the entry of a previous order taking custody from them.\"" }, { "page": "714-15" } ], "opinion_index": 0, "case_paths": [ "/nc/311/0708-01" ] }, { "cite": "491 S.E.2d 672", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1997, "pin_cites": [ { "page": "675" } ], "opinion_index": 0 }, { "cite": "127 N.C. App. 505", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 11798267 ], "year": 1997, "pin_cites": [ { "page": "510" } ], "opinion_index": 0, "case_paths": [ "/nc-app/127/0505-01" ] }, { "cite": "360 S.E.2d 485", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1987, "pin_cites": [ { "page": "488" } ], "opinion_index": 0 }, { "cite": "87 N.C. App. 179", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8358086 ], "year": 1987, "pin_cites": [ { "page": "184" } ], "opinion_index": 0, "case_paths": [ "/nc-app/87/0179-01" ] }, { "cite": "171 N.C. App. 230", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8436263 ], "year": 2005, "pin_cites": [ { "page": "241", "parenthetical": "citation, quotation marks, and brackets omitted" } ], "opinion_index": 0, "case_paths": [ "/nc-app/171/0230-01" ] }, { "cite": "361 N.C. 693", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 3741505, 3737060, 3739557, 3744553, 3739019, 3743118, 3740528, 3741332, 3740312 ], "year": 2007, "opinion_index": 0, "case_paths": [ "/nc/361/0693-05", "/nc/361/0693-09", "/nc/361/0693-02", "/nc/361/0693-04", "/nc/361/0693-03", "/nc/361/0693-06", "/nc/361/0693-07", "/nc/361/0693-01", "/nc/361/0693-08" ] }, { "cite": "182 N.C. App. 667", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8175369 ], "pin_cites": [ { "page": "670-71" } ], "opinion_index": 0, "case_paths": [ "/nc-app/182/0667-01" ] }, { "cite": "477 S.E.2d 211", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1996, "pin_cites": [ { "page": "214" } ], "opinion_index": 0 }, { "cite": "124 N.C. App. 332", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 11889393 ], "year": 1996, "pin_cites": [ { "page": "335" } ], "opinion_index": 0, "case_paths": [ "/nc-app/124/0332-01" ] }, { "cite": "360 N.C. 360", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 3797279 ], "year": 2006, "opinion_index": 0, "case_paths": [ "/nc/360/0360-01" ] }, { "cite": "173 N.C. App. 1", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8352791 ], "weight": 3, "year": 2005, "pin_cites": [ { "page": "10", "parenthetical": "citation and quotation marks omitted" }, { "page": "9" }, { "page": "9" } ], "opinion_index": 0, "case_paths": [ "/nc-app/173/0001-01" ] }, { "cite": "533 S.E.2d 508", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 2000, "pin_cites": [ { "page": "510-11" } ], "opinion_index": 0 }, { "cite": "139 N.C. App. 426", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 9496914 ], "weight": 2, "year": 2000, "pin_cites": [ { "page": "431" }, { "page": "431" } ], "opinion_index": 0, "case_paths": [ "/nc-app/139/0426-01" ] }, { "cite": "695 S.E.2d 801", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2010, "pin_cites": [ { "page": "805", "parenthetical": "reviewing a mislabeled \"conclusion of law\" as a finding of fact" } ], "opinion_index": 0 }, { "cite": "205 N.C. App. 175", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 3734582 ], "year": 2010, "pin_cites": [ { "page": "179", "parenthetical": "reviewing a mislabeled \"conclusion of law\" as a finding of fact" } ], "opinion_index": 0, "case_paths": [ "/nc-app/205/0175-01" ] }, { "cite": "346 S.E.2d 511", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 3, "year": 1986, "pin_cites": [ { "page": "514" }, { "page": "514" }, { "page": "514" } ], "opinion_index": 0 }, { "cite": "82 N.C. App. 273", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8358667 ], "weight": 3, "year": 1986, "pin_cites": [ { "page": "275" }, { "page": "276" }, { "page": "276-77" } ], "opinion_index": 0, "case_paths": [ "/nc-app/82/0273-01" ] }, { "cite": "195 N.C. App. 79", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 4165310 ], "weight": 2, "year": 2009, "pin_cites": [ { "page": "84-85" }, { "page": "87" } ], "opinion_index": 0, "case_paths": [ "/nc-app/195/0079-01" ] }, { "cite": "126 S.E.2d 597", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1962, "pin_cites": [ { "page": "608" } ], "opinion_index": 0 }, { "cite": "257 N.C. 486", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8568884 ], "year": 1962, "pin_cites": [ { "page": "501" } ], "opinion_index": 0, "case_paths": [ "/nc/257/0486-01" ] }, { "cite": "750 S.E.2d 568", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 3, "year": 2013, "pin_cites": [ { "page": "569", "parenthetical": "citation and quotation marks omitted" }, { "page": "569", "parenthetical": "\"While the better practice would have been to specifically plead termination pursuant to section 7B-1111(a)(7), we conclude the petition here sufficiently alleged facts to place respondent-father on notice that his parental rights may be terminated on the basis that he abandoned his child.\"" } ], "opinion_index": 0 }, { "cite": "182 N.C. App. 214", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8170838 ], "weight": 2, "year": 2007, "pin_cites": [ { "page": "228-29" }, { "page": "220" } ], "opinion_index": 0, "case_paths": [ "/nc-app/182/0214-01" ] }, { "cite": "577 S.E.2d 421", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2003, "pin_cites": [ { "page": "426-27" } ], "opinion_index": 0 }, { "cite": "156 N.C. App. 533", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 9191392 ], "year": 2003, "pin_cites": [ { "page": "540" } ], "opinion_index": 0, "case_paths": [ "/nc-app/156/0533-01" ] }, { "cite": "179 N.C. App. 788", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8239625 ], "year": 2006, "pin_cites": [ { "page": "789" } ], "opinion_index": 0, "case_paths": [ "/nc-app/179/0788-01" ] }, { "cite": "177 N.C. App. 151", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8301051 ], "year": 2006, "pin_cites": [ { "page": "154" } ], "opinion_index": 0, "case_paths": [ "/nc-app/177/0151-01" ] }, { "cite": "180 N.C. App. 539", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8243658 ], "weight": 2, "year": 2006, "pin_cites": [ { "page": "547" }, { "page": "547" } ], "opinion_index": 0, "case_paths": [ "/nc-app/180/0539-01" ] }, { "cite": "408 S.E.2d 729", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1991, "pin_cites": [ { "page": "731" }, { "page": "731" } ], "opinion_index": 0 }, { "cite": "330 N.C. 93", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2510111 ], "weight": 2, "year": 1991, "pin_cites": [ { "page": "97" }, { "page": "97" } ], "opinion_index": 0, "case_paths": [ "/nc/330/0093-01" ] }, { "cite": "580 S.E.2d 69", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2003, "pin_cites": [ { "page": "73" } ], "opinion_index": 0 }, { "cite": "157 N.C. App. 673", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 9188432 ], "year": 2003, "pin_cites": [ { "page": "679" } ], "opinion_index": 0, "case_paths": [ "/nc-app/157/0673-01" ] }, { "cite": "539 S.E.2d 362", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2000, "pin_cites": [ { "page": "365" } ], "opinion_index": 0 }, { "cite": "141 N.C. App. 475", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 9441627 ], "year": 2000, "pin_cites": [ { "page": "480" } ], "opinion_index": 0, "case_paths": [ "/nc-app/141/0475-01" ] }, { "cite": "740 S.E.2d 483", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 2013, "pin_cites": [ { "page": "484" }, { "page": "486-87" } ], "opinion_index": 0 } ], "analysis": { "cardinality": 1269, "char_count": 37565, "ocr_confidence": 0.726, "pagerank": { "raw": 1.3431583156403164e-07, "percentile": 0.6317067134029822 }, "sha256": "7477d6f170a7804c93b30bb74d9cbe87e1fe01d496d2b535f59043ff11d1e1de", "simhash": "1:93ed7462d2af4612", "word_count": 5837 }, "last_updated": "2023-07-14T22:30:06.319137+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges CALABRIA and DAVIS concur." ], "parties": [ "IN THE MATTER OF B.S.O., V.S.O., R.S.O., A.S.O., Y.S.O." ], "opinions": [ { "text": "STROUD, Judge.\nRespondent-parents appeal from an order terminating their parental rights to the minor children B.S.O. (\u201cBrandy,\u201d bom April 2009), V.S.O. (\u201cVincent,\u201d bom May 2006), R.S.O. (\u201cRonald,\u201d bom May 2005), A.S.O. (\u201cAdam,\u201d bom January 2004), and Y.S.O. (\u201cYvonne,\u201d bom April 2010). Because respondent-father is not the father of Adam or Yvonne, his appeal does not involve these children. We note that the district court also terminated the parental rights of Yvonne\u2019s father, Jose S., and Adam\u2019s putative father, Orlando V., neither of whom are parties to this appeal.\nI. Procedural History\nMecklenburg County Youth and Family Services (\u201cYFS\u201d) obtained non-secure custody of Brandy, Vincent, Ronald and Adam on 14 October 2009, and of Yvonne on 9 April 2010. The district court adjudicated the four elder children neglected and dependent juveniles on 10 December 2009, and entered adjudications of neglect and dependency as to Yvonne on 5 May 2010. As we noted in respondents\u2019 previous appeal, YFS \u201cfirst became involved with the family in February of 2006 based on reports of inappropriate discipline and domestic violence. YFS remained involved with the family over the course of the next several years.\u201d In re B.S.O., _N.C. App. _, _, 740 S.E.2d 483, 484 (2013).\nYFS filed petitions to terminate respondents\u2019 parental rights on 9 May 2011. The district court held its initial hearing on the petitions between 5 January and 16 March 2012 and entered an order terminating respondents\u2019 parental rights on 18 April 2012. On appeal, we reversed the order and remanded to the district court for consideration of respondent-mother\u2019s motion to re-open the evidence, which she filed prior to entry of the termination order. In re B.S.O., _N.C. App. at _, 740 S.E.2d at 486-87. The court allowed respondent-mother\u2019s motion and received additional evidence in the cause on 18 July and 30 September 2013. By order entered 12 November 2013, the court again concluded that grounds existed to terminate respondents\u2019 parental rights and determined that termination was in the best interests of the minor children. Respondents filed timely notices of appeal.\nII. Standard of Review\nRespondents challenge the district court\u2019s adjudication of grounds to terminate their parental rights under N.C. Gen. Stat. \u00a7 7B-llll(a) (2013). In reviewing the trial court\u2019s decision, we must determine whether the findings of fact are supported by clear, cogent and convincing evidence, and whether the findings support the court\u2019s conclusions of law. In re Gleisner, 141 N.C. App. 475, 480, 539 S.E.2d 362, 365 (2000). \u201cIf there is competent evidence, the findings of the trial court are binding on appeal.\u201d In re McCabe, 157 N.C. App. 673, 679, 580 S.E.2d 69, 73 (2003). An appellant is bound by any unchallenged findings of fact. Koufman v. Koufman, 330 N.C. 93, 97, 408 S.E.2d 729, 731 (1991). Moreover, \u201cerroneous findings unnecessary to the determination do not constitute reversible error\u201d where the adjudication is supported by sufficient additional findings grounded in competent evidence. In re T.M., 180 N.C. App. 539, 547, 638 S.E.2d 236, 240 (2006). We review conclusions of law de novo. In re J.S.L., 177 N.C. App. 151, 154, 628 S.E.2d 387, 389 (2006).\nRespondents challenge each of the grounds for termination found by the district court. However, it is well established that any \u201csingle ground ... is sufficient to support an order terminating parental rights.\u201d In re 179 N.C. App. 788, 789, 635 S.E.2d 916, 917 (2006). Therefore, if we determine that the court properly found one ground for termination under N.C. Gen. Stat. \u00a7 7B-llll(a), we need not review the remaining grounds. See In re Humphrey, 156 N.C. App. 533, 540, 577 S.E.2d 421, 426-27 (2003).\nIII. Respondent-father\u2019s Appeal\nRespondent-father argues the district court erred in terminating his parental rights based on an adjudication of willful abandonment under N.C. Gen. Stat. \u00a7 7B-1111(a)(7) (2013). Respondent-father contends that he was not afforded notice of his need to defend this ground at the termination hearing because the petitions filed by YFS did not specifically allege willful abandonment under subpart (a)(7). See In re C.W., 182 N.C. App. 214, 228-29, 641 S.E.2d 725, 735 (2007). We disagree.\nThe Juvenile Code requires a motion or petition for termination of parental rights to allege \u201c[f]acts that are sufficient to warrant a determination that one or more of the grounds for terminating parental rights [in N.C. Gen. Stat. \u00a7 7B-1111(a)] exist.\u201d N.C. Gen. Stat. \u00a7 7B-1104(6) (2013). While the allegations \u201cneed not be exhaustive or extensive [,]\u201d this Court has held that \u201cthey must be sufficient to put a party on notice as to what acts, omission or conditions are at issue.\u201d In re T.J.F., _ N.C. App. _, _, 750 S.E.2d 568, 569 (2013) (citation and quotation marks omitted). Moreover,\n[w]hen the petition alleges the existence of a particular statutory ground and the court finds the existence of a ground not cited in the petition, termination of parental rights on that ground may not stand unless the petition alleges facts to place the parent on notice that parental rights could be terminated on that ground.\nId.\nUnder N.C. Gen. Stat. \u00a7 7B-llll(a)(7), parental rights may be terminated if \u201c[t]he parent has willfully abandoned the juvenile for at least six consecutive months immediately preceding the filing of the petition or motion[.]\u201d N.C. Gen. Stat. \u00a7 7B-llll(a)(7). \u201cIt has been held that if a parent withholds his presence, his love, his care, the opportunity to display filial affection, and wil[l]fully neglects to lend support and maintenance, such parent relinquishes all parental claims and abandons the child.\u201d Pratt v. Bishop, 257 N.C. 486, 501, 126 S.E.2d 597, 608 (1962).\nThe petitions filed by YFS on 9 May 2011 alleged that respondent-father, inter alia, \u201cabandoned said juvenile[s] in that . . . [he] was deported to Mexico . . . after being incarcerated on September 3, 2010. [His] current whereabouts are unknown.\u201d (emphasis added). The petitions further alleged that respondent-father, \u201cfor a continuous period of more than (6) months next preceding the filing of the petitions], ha[d] willfully failed for such period to pay a reasonable portion of the cost of care for said juvenile[s.]\u201d Although YFS referred to respondent-father\u2019s abandonment of the children in the context of alleging that he \u201cneglected said juvenile[s] as defined in G.S. Section 7B-101(15)[,]\u201d the petitions explicitly asserted that respondent-father had, in fact, \u201cabandoned\u201d his children. Coupled with allegations that his whereabouts were unknown since his incarceration and deportation in September 2010 - approximately eight months before the petitions were filed - we believe the allegation of abandonment was sufficient to put respondent-father on notice of a potential adjudication under N.C. Gen. Stat. \u00a7 7B-1111(a)(7). Cf. In re T.J.F., _ N.C. App. at _, 750 S.E.2d at 569 (\u201cWhile the better practice would have been to specifically plead termination pursuant to section 7B-1111(a)(7), we conclude the petition here sufficiently alleged facts to place respondent-father on notice that his parental rights may be terminated on the basis that he abandoned his child.\u201d).\nRespondent-father also argues that the evidence and the district court\u2019s findings of fact are insufficient to establish that he willfully abandoned the minor children in the six months immediately preceding YFS\u2019s filing of the petition, as required by N.C. Gen. Stat. \u00a7 7B-1111(a)(7). He contends that \u201cneither the findings nor the evidence address[es his] intent or the six month time period prior to the filing of the termination petition.\u201d\nTo establish grounds for termination under N.C. Gen. Stat. \u00a7 7B-1111(a)(7), YFS was required to show that respondent-father had willfully abandoned his children during the \u201cdeterminative period\u201d from 9 November 2010 to 9 May 2011, the date it filed its petitions. In re S.R.G., 195 N.C. App. 79, 84-85, 671 S.E.2d 47, 51-52 (2009). \u201cAbandonment implies conduct on the part of the parent which manifests a willful determination to [forgo] all parental duties and relinquish all parental claims to the child.\u201d In re Searle, 82 N.C. App. 273, 275, 346 S.E.2d 511, 514 (1986). \u201c[T]he findings must clearly show that the parent\u2019s actions are wholly inconsistent with a desire to maintain custody of the child.\u201d In re S.R.G., 195 N.C. App. at 87, 671 S.E.2d at 53.\nRearranged for clarity, the district court\u2019s findings reflect the following facts regarding respondent-father\u2019s conduct during the six months that preceded the filing of the termination petitions in May 2011:\n59. [Respondent-father] was incarcerated for no operator license offense on 3 September 2010 and deported [to Mexico],\n60. He returned to Charlotte at some point in March 2012....\n47. While in Mexico, [respondent-father] was in contact with the social worker on at least one occasion. During the time [respondent-father] was in Mexico, he did not seek to have his three children . . . come five with him in Mexico. He did not offer any other relative placements for the juveniles.\n48. While in Mexico, [respondent-father] did not provide any child support for his children. [He] did not provide or offer any financial assistance for the care of his three children. [He] has not provided any or offered any child support for his children since his return to the United States.\n52. . . . [Respondent-father] has made no efforts to keep updated on the children while they have remained in custody.\n30. Neither the respondent-mother nor the respondent^] father[ has] provided any financial support for the children although they have the ability to do so. [They] have no known disabilities.\nBased on these findings, the court concluded that respondent-father \u201cwillfully abandoned the juveniles for at least six (6) consecutive months immediately preceding the filing of the petition[.]\u201d See N.C. Gen. Stat. \u00a7 7B-1111(a)(7). Although the willfulness of a parent\u2019s conduct \u201cis a question of fact to be determined from the evidence[,]\u201d In re Searle, 82 N.C. App. at 276, 346 S.E.2d at 514, it is .immaterial that the court labeled its finding of willfulness by respondent-father a conclusion of law. See State v. Hopper, 205 N.C. App. 175, 179, 695 S.E.2d 801, 805 (2010) (reviewing a mislabeled \u201cconclusion of law\u201d as a finding of fact).\nWe conclude that these findings support the trial court\u2019s conclusion that respondent-father willfully abandoned his children under N.C. Gen. Stat. \u00a7 7B-llll(a)(7). They show that, during the relevant six-month period, respondent-father \u201cmade no effort\u201d to remain in contact with his children or their caretakers and neither provided nor offered anything toward their support. Although respondent-father was jailed and deported to Mexico in September 2010, this Court has repeatedly held that \u201ca respondent\u2019s incarceration, standing alone, neither precludes nor requires a finding of willfulness\u201d under N.C. Gen. Stat. \u00a7 7B-llll(a)(7). In re McLemore, 139 N.C. App. 426, 431, 533 S.E.2d 508, 510-11 (2000). Similarly, a parent\u2019s deportation should serve as \u201cneither a sword nor a shield in a termination of parental rights decision.\u201d In re P.L.P., 173 N.C. App. 1, 10, 618 S.E.2d 241, 247 (2005) (citation and quotation marks omitted), aff\u2019d, per curiam, 360 N.C. 360, 625 S.E.2d 779 (2006).\nAlthough incarceration and deportation are not exactly the same, we find the cases dealing with incarcerated parents to be instructive. In both situations, a parent has been removed from his home by law enforcement action, presumably against his will. The cases recognize that a parent\u2019s opportunities to care for or associate with a child while incarcerated are different than those of a parent who is not incarcerated. The opportunities of an incarcerated parent are even more limited than those of a deported parent, in that once the deported parent has been removed from this country, he would be free to work, send funds to support a child, or communicate with a child by phone, internet, or mail from his own country. His opportunities to see the child personally would be limited, but he would be free to pursue legal action to attempt to have the child returned to his custody in his own country. In any event, respondent-father here failed to take advantage of most of these opportunities after deportation to Mexico.\nThe evidence showed that respondent-father had the ability to remain in contact with his children while in Mexico but failed to do so. YFS social worker Lynda Peperak testified that she provided respondent-father with her telephone number in February 2010. Respondent-father was arrested on 3 September 2010 and left Mecklenburg County Jail on 14 September 2010. Ms. Peperak spoke with respondent-father by telephone on 6 and 26 May 2011, having \u201cobtained his phone number from one of the foster parentsf,]\u201d and confirmed that he still had Ms. Peperak\u2019s phone number. Nevertheless, respondent-father did not contact YFS to inquire about his children following his deportation. Ms. Peperak further testified that respondent-father had never \u201cprovided any cards, gifts, letters, or anything\u201d for his three children; nor had he ever paid any support for them before or after YFS filed the petitions to terminate his parental rights in May 2011.\nYFS social worker assistant Karen Logan-Rudisill, who supervised respondent-mother\u2019s visitation with the children, testified that respondent-father \u201ccalled during one of the visits ... to speak with the boys\u201d approximately four or five months prior to the 15 March 2012 termination hearing. He never contacted Ms. Logan-Rudisill regarding the children.\nAt the hearing held on remand on 18 July 2013, respondent-father testified that he re-entered the United States without documentation in April 2012, and obtained employment and leased an apartment in Charlotte in May 2012. He confirmed that he had been deported in September 2010 and had spoken with respondent-mother and the children \u201c[o]ne time\u201d while in Mexico. Respondent-father claimed he did not contact YFS or the foster parents from Mexico because he \u201clost the number[.]\u201d He also acknowledged that he had not \u201cprovided any monies in support of [the] children since they\u2019ve been in foster care for nearly fouryears[.]\u201d\nRespondent-father specifically objects to the district court\u2019s finding that he \u201cmade no efforts to keep updated on the children while they have remained in custody.\u201d To the extent the evidence showed that he contacted respondent-mother and spoke to the children on one occasion while he was in Mexico, we agree that finding of fact 52 is not strictly accurate. \u201cHowever, to obtain relief on appeal, an appellant must not only show error, but that . . . the error was material and prejudicial, amounting to denial of a substantial right that will likely affect the outcome of an action.\u201d Starco, Inc. v. AMG Bonding and Ins. Servs., 124 N.C. App. 332, 335, 477 S.E.2d 211, 214 (1996). As set forth above, the evidence showed that a single phone call to respondent-mother represented respondent-father\u2019s only effort to contact or keep apprised of his children during the relevant time period. Therefore, the court\u2019s error is harmless. Cf. In re Estate of Mullins, 182 N.C. App. 667, 670-71, 643 S.E.2d 599, 601 (\u201cIn a non-jury trial, where there are sufficient findings of fact based on competent evidence to support the trial court\u2019s conclusions of law, the judgment will not be disturbed because of other erroneous findings which do not affect the conclusions.\u201d) (quotation marks and citation omitted), disc. rev. denied, 361 N.C. 693, 652 S.E.2d 262 (2007).\nThis Court has found willful abandonment \u201cwhere a parent withholds his presence, his love, his care, the opportunity to display filial affection, and willfully neglects to lend support and maintenance.\u201d In re D.J.D., 171 N.C. App. 230, 241, 615 S.E.2d 26, 33 (2005) (citation, quotation marks, and brackets omitted). We have further held that a parent\u2019s single attempt to contact a child during a period of incarceration does not preclude a finding of willful abandonment under N.C. Gen. Stat. \u00a7 7B-1111(a)(7). In re McLemore, 139 N.C. App. at 431, 533 S.E.2d at 511 (citing In re Harris, 87 N.C. App. 179, 184, 360 S.E.2d 485, 488 (1987)). Both the evidence and the court\u2019s findings reflect that respondent-father\u2019s arrest and subsequent deportation did not prevent him from communicating with his children and YFS. In light of respondent-father\u2019s single phone call to respondent-mother and his children during the six months immediately preceding 9 May 2011, the district court did not err in finding that he willfully abandoned the children. See id.; In re Searle, 82 N.C. App. at 276-77, 346 S.E.2d at 514.\nHaving upheld the adjudication under N.C. Gen. Stat. \u00a7 7B-llll(a) (7), we need not address the remaining grounds found by the district court for terminating respondent-father\u2019s parental rights. See In re P.L.P., 173 N.C. App. at 9, 618 S.E.2d at 246.\nIV. Respondent-mother\u2019s Appeal\nRespondent-mother challenges the court\u2019s conclusion that she neglected the minor children under N.C. Gen. Stat. \u00a7 7B-llll(a)(l) (2013). A neglected juvenile is one who, inter alia, \u201cdoes not receive proper care, supervision, or discipline...; or who is not provided necessary remedial care; or who lives in an environment injurious to the juvenile\u2019s welfare[.]\u201d N.C. Gen. Stat. \u00a7 7B-101(15) (2013). In order to support an adjudication under N.C. Gen. Stat. \u00a7 7B-1111(a)(1), \u201c[n]eglect must exist at the time of the termination hearing[.]\u201d In re C.W., 182 N.C. App. at 220, 641 S.E.2d at 729. Where \u201cthe parent has been separated from the child for an extended period of time, the petitioner must show that the parent has neglected the child in the past and that the parent is likely to neglect the child in the future.\u201d Id. The determination that a child is neglected is a conclusion of law. In re Helms, 127 N.C. App. 505, 510, 491 S.E.2d 672, 675 (1997).\nIn support of its conclusion under N.C. Gen. Stat. \u00a7 7B-1111(a)(1), the district court found as follows:\n7. ... The primary issues which led to these children being placed in YFS custody were the mother\u2019s housing instability, domestic violence between the respondent-mother and [respondent-father]. Lack of appropriate supervision of the children and inappropriate discipline of the children were primary issues as well.\n8. [Brandy, Vincent, Ronald, and Adam] were adjudicated neglected and dependent on December 10, 2009 ....\n9. ... Yvonne was adjudicated neglected and dependent on 5 May 2010.\n10.. . . The respondent-mother was to engage in mental health treatment, obtain substance abuse assessment, obtain domestic violence assessment, participate in parenting education, visit with the children, maintain contact with YFS social worker, attend the children\u2019s appointments, maintain stable housing, and obtain employment in order to provide for the children.\n14. The respondent-mother was required to obtain therapy to establish that she could independently care for the children. The mother has suffered significant trauma in her life. The respondent-mother has not been able to complete therapy in more than 22 months that the children have been in YFS custody.\n15. The respondent-mother has been inconsistent with her mental health treatment and psychotherapy. The respondent-mother attended psychotherapy sessions with Dr. Alicia Ceballos through September 2010. The respondent-mother did not attend her psychotherapy sessions consistently in October and November 2010. The respondent-mother did not see Dr. Ceballos between November 2010 and March 2011. The respondent-mother has not been consistent in reporting to Dr. Castro for mental health medication and management.\n16. The respondent-mother was ordered to complete the NOVA domestic violence program pursuant to this Court\u2019s order of 9 June 2010. The mother completed two sessions of NOVA, but was terminated on 10 October 2010 for non-compliance. The YFS social worker obtained the respondent-mother\u2019s reinstatement in NOVA on 20 October 2010. The respondent-mother was terminated from NOVA for a second time on 7 December 2010 for non-compliance.\n17. The respondent-mother was ordered by the Court on 9 June 2010 to complete [an] adult literacy program. The respondent-mother has not completed [an] adult literacy program.\n18. The respondent-mother used corporal punishment with the children when they were in her care.\n19. The respondent-mother completed parenting education through family sessions conducted by Traci Withrow; however, the respondent-mother only attended and participated in one shared-parenting visit, although [she] was offered several shared-parenting visits. The respondent-mother was provided with unsupervised visitation in December 2010, but these visits were discontinued after [she] lost the apartment she was living in due to lack of income.\n25. The respondent-mother has not attended the children\u2019s education and medical appointments although offered by the department.\n31. [Respondent-mother] has been . . . earning $300 per weekend per her own testimony for the past five months. [She] has not provided any monies for the support of the children to YFS or to the foster parents.\n32. The mother has provided some small amounts of money to the children on occasion during visits. . . . These funds could be considered gifts and are not signs of actively supporting the children financially.\n46. Nothing has changed [since this Court\u2019s opinion in In re B.S.O.] other than [respondent-father] has [reentered] the country illegally.\n49. Upon [respondent-father] \u215b return to the United States in March 2012, [he] resumed his relationship with [respondent-mother].\n50. [Respondent-father] has been providing [respondent-mother] with a stable place to stay since his return to Charlotte. The evidence does not establish that [he] has an emotional attachment to [respondent-mother,] and they are not married.\n55. The inconsistency of the respondent mother in complying with mental health therapy has not changed.\n56. If the children were to return to the home of the respondent mother and [respondent-father], [she] would again be the primary caretaker of the children, and that would not resolve the issue of improper supervision that led to the three oldest children being placed in YFS custody approximately four years ago nor the issues of domestic violence that existed in her relationships.\n57. The probability of the repetition of neglect is high in that the respondent mother has not addressed her mental health issues and [respondent-father] is not willing to change his level of involvement in the daily care of the children.\n61. [Respondent-father] has provided a stable place to stay for [respondent-mother], but [she] has not addressed her mental health needs through consistent therapy and has not completed NOVA. Her relationship with [respondent-father] is one of convenience and is not stable.\n66. The juveniles have been in YFS custody for approximately four years and the respondent mother has not addressed the issues that led to the children being placed in YFS custody. ....\nTo the extent respondent-mother does not contest these findings on appeal, they are deemed to be supported by competent evidence. Koufman, 330 N.C. at 97, 408 S.E.2d at 731. We address respondent-mother\u2019s exceptions to the court\u2019s fact-finding below.\nChallenging a portion of finding of fact 14, respondent-mother argues that there was no evidence that she was required to obtain mental health therapy \u201cto establish that she could independently care for th\u00e9 children.\u201d Respondent-mother notes that no such purpose was explicitly articulated in her family services agreement (\u201cFSA\u201d) or F.I.R.S.T. assessment, or by any of her therapists.\nAs part of her FSA, respondent-mother agreed to submit to a F.I.R.S.T. assessment and follow its recommendations. The assessment resulted in respondent-mother\u2019s referral to CMC-Randolph for a mental health evaluation. Psychotherapist Alicia Ceballos, PhD, evaluated respondent-mother at CMC-Randolph in May 2011. Dr. Ceballos testified that the purpose of the referral was to ensure respondent-mother\u2019s compliance \u201cwith her medication regimen, and she was to acquire positive coping skills, especially emotion regulation skills in order to relate to her children and her partner.\u201d\nDr. Ceballos found that respondent-mother exhibited traits of borderline personality disorder, including a \u201cvery intense fear of abandonment[,]\u201d \u201call or nothing thinking and functioning out of emotions[,]\u201d \u201cimpulsivity relating to the abuse of alcohol, the intense anger and difficulty managing the anger[,] and a pattern of what appeared to be instability in her effective relationships.\u201d Dr. Ceballos developed a treatment plan for respondent-mother which included the goal of \u201cleam[ing] skills in order to relate better with her partner and her children. In particular, improve her regulation of her anger.\u201d\nAlthough respondent-mother\u2019s mental health treatment was not explicitly geared toward raising her children \u201cindependently [,] \u201d abundant evidence shows that her mental health issues were inextricably linked to the conditions that led to the children\u2019s removal from her home and their adjudication as neglected and dependent. Respondent-mother\u2019s emotional instability and unregulated anger manifested themselves, inter alia, in her use of violence in the home with her children and respondent-father, as well as a series of unstable and volatile romantic relationships both before and after respondent-father\u2019s deportation to Mexico. In adjudicating Yvonne neglected in May 2010, the district court found that \u201c[t]he primary issue\u201d at the time of the four older children\u2019s adjudications \u201cwas the mother\u2019s mental health treatment.\u201d The court\u2019s orders have consistently emphasized respondent-mother\u2019s need to follow through with her mental health treatment. As the uncontested findings show\u2014specifically, findings 15, 55, and 61\u2014respondent-mother failed to do so. The ultimate relevance of this programming was necessarily to prepare respondent-mother to properly care for her children. Finding 14 is a reasonable short-hand summary of this evidence.\nRespondent-mother next objects to finding 18 that she used corporal punishment with the minor children when they were in her care. While conceding \u201cthere is evidentiary support for the finding\u201d as to incidents prior to the children\u2019s removal from her home in 2009, she contends there is no evidence that she used corporal punishment after YFS took custody of the children.\nFinding 18 does not purport to refer to corporal punishment by respondent-mother after the children\u2019s removal from her home. The court was free to consider respondent-mother\u2019s conduct toward the children leading to their prior adjudication as neglected. See In re Ballard, 311 N.C. 708, 713, 319 S.E.2d 227, 231 (1984) (\u201c[I]n ruling upon a petition for termination of parental rights for neglect, the trial court may consider neglect of the child by its parents which occurred before the entry of a previous order taking custody from them.\u201d) Such evidence was relevant in assessing the likelihood of future neglect for purposes of N.C. Gen. Stat. 7B-llll(a)(l), particularly where respondent-mother\u2019s use of violence in the home and anger control issues were of central concern.\nRespondent-mother claims the evidence does not support findings 25 and 31 that she did not attend her children\u2019s medical and educational appointments or \u201cprovide[] any monies for the support of the children to YFS or to the foster parents.\u201d Although we agree with respondent-mother that these findings vary slightly from the evidence, the discrepancies axe inconsequential.\nAsked about respondent-mother\u2019s attendance at the children\u2019s medical and educational appointments, Ms. Peperak testified that respondent-mother \u201cattended one WIC appointment and one pediatrician appointment for the girls\u201d and just one \u201cschool, an IEP meeting, for V[incent]\u201d in December 2010. Moreover, respondent-mother \u201cnever asked [Ms. Peperak] about [the children\u2019s] appointments!.]\u201d When queried about her own attendance, respondent-mother responded, \u201cI remember I went to some of the medical appointments for the boys. I don\u2019t remember the exact dates of when that happened.\u201d The evidence thus showed that respondent-mother evinced little interest in the children\u2019s appointments and for the most part did not attend them.\nRegarding respondent-mother\u2019s monetary contributions to YFS and the foster parents, Ms. Peperak testified that she had never \u201cprovided [YFS] with any money for the children\u2019s care[,]\u201d despite reporting that she was earning $300 to $400 per week selling food beginning in October 2011. At a permanency planning hearing held on 15 March 2012, respondent-mother confirmed that she had paid nothing toward the support of the children, even though she was then earning at least $300 per weekend.\nMs. Logan-Rudisill testified that respondent-mother \u201con occasion\u201d gave $10 to the girls\u2019 foster parents and $20 to the boys\u2019 foster parents. Respondent-mother would also occasionally give the children one-dollar bills. At the hearing held on remand on 18 July 2013, respondent-mother claimed that, within the past year, she had given the children $600 \u201conce [when] I saw them at McDonald\u2019s.\u201d On cross-examination, however, respondent-mother explained that she \u201cran into\u201d the children\u2019s foster mother, Ms. H. at a McDonald\u2019s in August 2012 and that she then bought \u201citems for the children in August 2012 with Ms. [H.]\u201d In response to the next question posed by counsel, respondent-mother confirmed that she \u201cdid not provide any financial support for the children between March 2012 and May 2013[.]\u201d We note that the court did find that respondent-mother \u201chas provided some small amounts of money to the children on occasion during visits.... These funds could be considered gifts and are not signs of actively supporting the children financially.\u201d\nThe evidence fully supports the district court\u2019s finding that respondent-mother paid nothing to YFS toward the children\u2019s cost of care. While the evidence does show her payment of occasional small sums to the foster parents, the corresponding error in finding 32 was harmless. The court\u2019s remaining findings make clear that it did not base the adjudication under N.C. Gen. Stat. \u00a7 7B-llll(a)(l) on the absence of such payments from respondent-mother to the foster parents. See generally In re T.M., 180 N.C. App. at 547, 638 S.E.2d at 240 (stating that \u201cerroneous findings unnecessary to the determination do not constitute reversible error\u201d).\nRespondent-mother next objects to finding 56, contending that \u201c[t]he evidence does not show that there would be improper supervision of the children if they were returned to the home of the parents.\u201d We find no merit to this claim. The evidence shows that respondent-mother has failed to address her mental health issues and emotional instability. She also failed to complete domestic violence treatment at NOVA and was terminated three times for excessive absences. Although respondent-mother improved her parenting skills by working with child and family psychotherapist Traci Withrow between November 2009 and November 2010, Ms. Logan-Rudisill saw her skills \u201cdecline\u201d after respondent-father was deported. Even after respondent-father\u2019s return, respondent-mother maintained a \u201cpassive\u201d parenting style and had difficulty managing multiple children. Overall, Ms. Logan-Rudisill saw no improvement in respondent-mother\u2019s \u201cability to manage the five children\u201d during her involvement in the case.\nThe evidence and the district court\u2019s findings further reflect the tenuous nature of respondents\u2019 relationship and respondent-mother\u2019s dependence on respondent-father. After respondent-father was deported, respondent-mother resumed her pattern of instability in her relationships and housing. In July 2011, she disclosed to Ms. Logan-Rudisill that she had been involved in a domestic violence incident with her then partner, Kelvin R., and showed Ms. Logan-Rudisill her \u201cscratches and bruises.\u201d Ms. Peperak testified that respondent-mother had at least eleven different residences between December 2010 and March 2012 and \u201cdemonstrated a pattern of relationships not only with boyfriends but also with roommates and friends that have been unhealthy and have included violence.\u201d Finally, we note that respondent-mother does not contest the findings that respondent-father has \u201c[re]entered the country illegally\u201d and that \u201c[h]er relationship with [him] is one of convenience and is not stable.\u201d Accordingly, the evidence amply supports the court\u2019s finding 56 that respondent-mother had not resolved the issues of improper supervision and domestic violence that led to the children\u2019s removal from her home.\nRespondent-mother also challenges the court\u2019s \u201cultimate finding\u201d in finding 57 that \u201c[t]he probability of the repetition of neglect is high\u201d in light of her failure to \u201caddress[] her mental health issues\u201d and respondent-father\u2019s unwillingness \u201cto change his level of involvement in the daily care of the children.\u201d We believe the evidence and the court\u2019s evidentiary findings are sufficient to show a probability of a repetition of neglect. More than three years after the children\u2019s removal from her home, respondent-mother had yet to confront the primary issues leading to their removal. Moreover, finding 57 is consistent with respondent-father\u2019s testimony \u201cthat if the children were to come back home, [respondent-mother] will be dedicated to their care and I would go out to work.\u201d\nWhere \u201cdifferent inference [s] may be drawn from the evidence, [the trial court] alone determines which inferences to draw and which to reject.\u201d In re Hughes, 74 N.C. App. 751, 759, 330 S.E.2d 213, 218 (1985). We conclude that the evidence and the court\u2019s evidentiary findings support a reasonable inference that neglect would likely recur if the children were returned to respondent-mother.\nRespondent-mother also challenges the adjudication under N.C. Gen. Stat. \u00a7 7B-llll(a)(l) as unsupported by the district court\u2019s findings of fact. However, the court found both a prior adjudication of neglect as to each child and a high probability of a repetition of neglect, as required. See In re Ballard, 311 N.C. at 714-15, 319 S.E.2d at 231-32. Therefore, this assignment of error is overruled.\nHaving affirmed the adjudication of grounds to terminate respondent-mother\u2019s parental rights for neglect, we do not address the remaining grounds found by the district court. See In re P.L.P., 173 N.C. App. at 9, 618 S.E.2d at 246.\nV. Conclusion\nThe petitions filed by YFS provided sufficient notice to respondent-father to allow an adjudication of willful abandonment under N.C. Gen. Stat. \u00a7 7B-llll(a)(7). The evidence and the district court\u2019s findings support an adjudication of grounds to terminate respondent-father\u2019s parental rights under N.C. Gen. Stat. \u00a7 7B-llll(a)(7), and of grounds to terminate respondent-mother\u2019s parental rights for neglect under N.C. Gen. Stat. \u00a7 7B-llll(a)(l). Therefore, we affirm the order terminating respondents\u2019 parental rights.\nAFFIRMED.\nJudges CALABRIA and DAVIS concur.\n. We will refer to the juveniles by pseudonym to protect their privacy.\n. See N.C. Gen. Stat. \u00a7 7B-llll(a)(3) (20X3).\n. The record reflects that respondent-father telephoned the children\u2019s foster parents from Mexico on or about 21 March 2011 and gave them his phone number.\n. To the extent that respondent-father claims \u201cclose contact\u201d with YFS and the children prior to September 2010, we note this evidence falls outside the six-month period at issue under N.C. Gen. Stat. \u00a7 7B-1111(a)(7).\n. An acronym for Families in Recovery Stay Together.\n. The court found that YFS\u2019s total expenditures for the five children exceeded $316,000.", "type": "majority", "author": "STROUD, Judge." } ], "attorneys": [ "Twyla Hollingsworth-Richardson for petitioner-appellee Mecklenburg County Department of Social Services, Division of Youth and Family Services.", "Smith Moore Leatherwood LLP, by Carrie A. Hanger, for guardian ad litem.", "Appellate Defender Staples Hughes by Assistant Appellate Defender Joyce L. Terres, for respondent-appellant mother.", "Rebekah W. Davis for respondent-appellant father." ], "corrections": "", "head_matter": "IN THE MATTER OF B.S.O., V.S.O., R.S.O., A.S.O., Y.S.O.\nNo. COA14-186\nFiled 1 July 2014\n1. Termination of Parental Rights\u2014grounds\u2014abandonment\u2014 notice\u2014deportation\nThe trial court did not err by terminating respondent father\u2019s parental rights. The allegation of abandonment was sufficient to put respondent on notice of a potential adjudication under N.C.G.S. \u00a7 7B-llll(a)(7). Respondent\u2019s arrest and subsequent deportation did not prevent him from communicating with his children and Mecklenburg County Youth and Family Services.\n2. Termination of Parental Rights\u2014grounds\u2014neglect\nThe trial court did not err by terminating respondent mother\u2019s parental rights based on neglect under N.C.G.S. \u00a7 7B-llll(a)(l). The evidence and the court\u2019s evidentiary findings were sufficient to show a probability of a repetition of neglect. Respondent failed to address her mental health issues and emotional instability, and respondent had not resolved the issues of improper supervision and domestic violence that led to the children\u2019s removal from her home.\nAppeal by respondents from order entered 12 November 2013 by Judge Regan A. Miller in Mecklenburg County District Court. Heard in the Court of Appeals 11 June 2014.\nTwyla Hollingsworth-Richardson for petitioner-appellee Mecklenburg County Department of Social Services, Division of Youth and Family Services.\nSmith Moore Leatherwood LLP, by Carrie A. Hanger, for guardian ad litem.\nAppellate Defender Staples Hughes by Assistant Appellate Defender Joyce L. Terres, for respondent-appellant mother.\nRebekah W. Davis for respondent-appellant father." }, "file_name": "0706-01", "first_page_order": 716, "last_page_order": 732 }