In re D.E.G., 228 N.C. App. 381

DSS filed a petition in 2010 alleging David was neglected and dependent.
A 2011 adjudication found David neglected and dependent.
Permanency planning hearings in 2011-2012 allowed DSS to cease reunification with David’s mother.
Respondent-Father was incarcerated most of the period; he enrolled in substance abuse treatment but had limited participation.
In 2012, DSS changed David’s plan to adoption and filed a petition to terminate parental rights of both parents.
At the October 1, 2012 termination hearing, Respondent-Father’s counsel sought to withdraw and was excused without notifying Respondent-Father; the hearing proceeded with no representation for him.
Judge Walker issued a 2012 termination order, and Judge Holt issued a permanency planning order in parallel.
The appellate court affirmed the permanency planning order but vacated the termination order and remanded for proceedings regarding the withdrawal of counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Cessation of reunification efforts supported by findings	Respondent-Father contends Holt's findings lack support.	Holt's findings are supported by extensive evidence.	Yes; Holt’s findings support ceasing reunification and adopting the permanency plan.
Counsel withdrawal at the termination hearing without notice	Walker erred by excusing counsel without notice or a continuance.	Provisional-counsel provisions justified withdrawal.	No; excusing counsel was error; remand for proper notice and possible new hearing.

In re C.M., 183 N.C. App. 207 (2007) (review of reunification cessation on factual support and discretion)
Koufman v. Koufman, 330 N.C. 93 (1991) (evidence-binding findings standards)
In re Robinson, 151 N.C. App. 733 (2002) (abuse of discretion standard; factual support required)
Smith v. Bryant, 264 N.C. 208 (1965) (requirements for withdrawal of counsel with notice and court permission)
In re S.N.W., 204 N.C. App. 556 (2010) (duty to inquire into counsel's contact with client before withdrawal)