In re C.W.

In this permanent custody case, the trial court did not plainly err in considering the testimony and report of the guardian ad litem where the guardian ad litem's lack of contact with mother was attributable to mother's own conduct as opposed to any deficiency on the part of the guardian ad litem. The trial court did not abuse its discretion in denying mother's request on the day of trial for a continuance to work toward completing her case plan objectives after the matter had already been continued four times. Additionally, the manifest weight of the evidence supports the trial court's determination that awarding permanent custody to Franklin County Children Services ("FCCS") is in the child's best interest. Despite father's more recent engagement in the case, father did not demonstrate he had ameliorated the concerns that led to the child's removal. Judgment affirmed.

Because there was clear and convincing evidence to support the juvenile court's findings under R.C. 2151.414(E)(1), (2), (4) and (10), the court's determination that the children could not, or should not, be placed with the mother or father within a reasonable time was not against the manifest weight of the evidence.

TELECOMMUNICATIONS HARASSMENT – INDUCING PANIC – EVIDENCE: The juvenile court erred in finding the juvenile delinquent of telecommunications harassment where the state failed to prove that the juvenile's purpose in making the telecommunication was to abuse, threaten, or harass, and where the state failed to prove the existence of another person as a recipient of the telecommunication. Where a delinquency adjudication for telecommunications harassment served as the only predicate offense for a charge of inducing panic, and the telecommunications harassment adjudication is reversed on appeal, the adjudication for inducing panic must also be reversed, because a predicate offense is an essential element of inducing panic.

Termination of parental rights whether the trial court received sufficient evidence and made adequate findings of fact to support an adjudication of grounds under N.C.G.S. 7B-1111(a)(5) and (9).

<bold>1. Termination of Parental Rights — guardian ad</bold> <bold>litem for parent — incapacity to provide care not</bold> <bold>alleged</bold> <block_quote> The trial court did not err by not appointing a guardian ad litem under N.C.G.S. § <cross_reference>7B-1111</cross_reference>(a)(6) for the parent in a termination of parental rights proceeding where incapability to provide proper care for the children was not alleged and respondent did not request a guardian ad litem.</block_quote><page_number>Page 67</page_number> <bold>2. Mental Illness — termination of parental rights</bold> <bold>— Rule 17 — guardian for parent — not</bold> <bold>appointed</bold> <block_quote> The trial court did not abuse its discretion by not appointing a guardian ad litem under N.C.G.S. § <cross_reference>1A-1</cross_reference>, Rule 17 for the parent in a termination of parental rights proceeding.</block_quote> <bold>3. Constitutional Law — effective</bold> <bold>assistance of counsel — termination of parental</bold> <bold>rights</bold> <block_quote> A termination of parental rights respondent was not denied effective assistance of counsel when her attorney informed the court that she did not need the appointment of a guardian ad litem. Respondent's attorney was familiar with respondent and vigorously and zealously represented her; moreover, there was overwhelming evidence supporting termination of respondent's parental rights.</block_quote> <bold>4. Termination of Parental Rights — assignment of</bold> <bold>error — only one of three grounds for termination</bold> <block_quote> Only one of the grounds in N.C.G.S. § <cross_reference>7B-1111</cross_reference>(a) is necessary to terminate parental rights. Whether there was sufficient evidence to support one of those grounds in this case was not addressed where respondent did not assign error to the other two grounds cited by the trial court.</block_quote> <bold>5. Termination of Parental Rights — relative</bold> <bol