In re K.N., 373 N.C. 274

Keith (born Sept. 2016) was adjudicated neglected and dependent in Aug. 2017 and remained in DHHS custody; DHHS later petitioned to terminate respondent-father’s parental rights.
Father’s DHHS case plan required housing, SSI verification, PATE parenting classes, substance‑abuse assessment/TASC, individual counseling, DVIP (domestic violence) participation, probation compliance, and no new criminal charges.
Father completed many tasks (PATE, parenting evaluation, TASC, anger management); DHHS introduced evidence of three "diluted" drug screens, delayed testing, limited financial contributions (child receives $190/mo from father’s SSI), and pending criminal charges that left him incarcerated at the termination hearing.
Trial court found grounds to terminate for neglect under N.C.G.S. § 7B‑1111(a)(1) and ordered termination on Jan. 7, 2019.
On appeal, the Supreme Court held several specific findings unsupported (e.g., trial court’s assertion that father did not enroll in DVIP), and concluded the adjudicatory findings overall were insufficient to show likelihood of future neglect; the Court vacated and remanded for further findings (and permitted receiving additional evidence).

Issue	Plaintiff's Argument (DHHS)	Defendant's Argument (Father)	Held
Whether trial court’s findings support termination for neglect under § 7B‑1111(a)(1)	Record shows failure to fully comply with case plan, substance concerns, domestic‑violence issues, lack of financial support, and incarceration — creating likelihood of future neglect	Findings are incomplete/contradicted by the record; incarceration alone insufficient; trial court failed to analyze likelihood of future neglect	Vacated termination order and remanded: current findings are insufficient to support termination for neglect; court may enter fuller findings or receive more evidence
Whether the trial court’s finding that father did not enroll in DVIP was supported	Father initially resisted DVIP	Father completed DVIP on Aug. 14, 2018	Trial court’s contrary finding was unsupported and must be disregarded
Whether the finding that father did not provide financial support to the child is supported	Father did not voluntarily provide support beyond SSI allotment	Father’s SSI produced a $190/month allotment to the child	Court held the trial court’s finding that father did not otherwise provide financial support was supported by evidence
Whether finding that father violated probation by incurring new charges was supported	Social worker testified new charges violated probation	Father argued no evidence probation was violated	Trial court’s finding was supported by unobjected testimony and thus sustained

In re Montgomery, 311 N.C. 101, 316 S.E.2d 246 (framework for reviewing adjudicatory findings in termination proceedings)
In re Ballard, 311 N.C. 708, 319 S.E.2d 227 (requirement to show past neglect plus likelihood of future neglect when child separated long‑term)
In re D.L.W., 368 N.C. 835, 788 S.E.2d 162 (neglect must ordinarily be shown at time of termination hearing)
In re M.A.W., 370 N.C. 149, 804 S.E.2d 513 (incarceration alone is not dispositive in termination decisions)
In re N.D.A., 833 S.E.2d 768 (vacatur/remand appropriate where adjudicatory findings are insufficient though record may contain additional supporting evidence)
In re C.B.C., 832 S.E.2d 692 (conclusions of law in juvenile termination orders reviewed de novo)