¶ 1 Respondent-father appeals from the trial courts order terminating his parental rights to J.G.S. (Jamal).
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Counsel for respondent-father has filed a no-merit brief under Rule 3.1(e) of the North Carolina Rules of Appellate Procedure. We conclude that the issues identified by counsel in respondent-fathers brief as arguably supporting the appeal are meritless and therefore affirm the trial courts order.
¶ 2 This case arises from a termination action filed by Burke County Department of Social Services (DSS). Jamal was born on 24 December 2011 to mother and respondent-father. On 15 January 2019, while Jamal was living with his mother and half-siblings,
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DSS filed a juvenile petition alleging Jamal was a neglected and dependent juvenile. The petition alleged that respondent-father had not been an active caregiver for Jamal, that he was incarcerated at the Marion Correctional Facility due to his conviction of robbery with a dangerous weapon, and that he would not be released from prison until 2025. On 1 May 2019, Jamal was adjudicated a neglected and dependent juvenile.
¶ 3 On 23 September 2020, DSS filed a motion to terminate respondent-fathers parental rights. At the termination hearing on 5 February 2021, a DSS social worker, Lori Potter, testified that in the six months prior to the filing of the motion to terminate parental rights, respondent-father did not provide any support or inquire into Jamals health, safety, or welfare. Ms. Potter also testified that Jamal did not remember meeting respondent-father but recalled that he was in prison. Respondent-father testified that he had been incarcerated since 21 April 2015 and that his projected release date is 12 July 2025. He also testified that he had only seen Jamal two times. The trial court entered an order on 4 March 2021 in which it determined grounds existed to terminate respondent-fathers parental rights for neglect, willfully leaving the juvenile in placement outside the home without correcting the conditions that led to his removal, dependency, and willful abandonment. N.C.G.S. § 7B-1111(a)(1), (2), (6), (7) (2019). The trial court further concluded it was in Jamals best interests that respondent-fathers parental rights be terminated.
¶ 4 Counsel for respondent-father has filed a no-merit brief on his clients behalf under Rule 3.1(e) of the Rules of Appellate Procedure.
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Counsel identified five issues that could arguably support an appeal but also explained why he believed these issues lack merit. Counsel has advised respondent-father of his right to file pro se written arguments on his own behalf and provided him with the documents necessary to do so. Respondent-father has not submitted written arguments to this Court.
¶ 5 We carefully and independently review issues identified by counsel in a no-merit brief filed under Rule 3.1(e) in light of the entire record. In re L.E.M., 372 N.C. 396, 402, 831 S.E.2d 341, 345 (2019). After conducting this review, we are satisfied the trial courts 4 March 2021 order is supported by clear, cogent, and convincing evidence and based on proper legal grounds. Accordingly, we affirm the trial courts order terminating respondent-fathers parental rights.
AFFIRMED.
FOOTNOTES
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. A pseudonym is used in this opinion to protect the juveniles identity and for ease of reading.
2
. Jamals mother, his half-siblings, and the respective fathers of his half-siblings are not parties to this appeal.
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. In respondent-fathers notice of appeal, he erroneously designated the Court of Appeals, rather than this Court, as the judicial body to which his appeal would lie. At the time respondent-father gave notice of appeal, however, this Court was the only judicial body to which he could appeal. See N.C.G.S. § 7A-27(a)(5) (2019); N.C.G.S. § 7B-1001(a1)(1) (2019). Therefore, we elect to treat respondent-fathers brief as a petition for certiorari and issue that writ authorizing review of his challenges to the trial courts termination order. See In re N.D.A., 373 N.C. 71, 73–74, 833 S.E.2d 768, 771 (2019).
NEWBY, Chief Justice.