In re M.A.W., 370 N.C. 149

M.A.W. was adjudicated neglected in 2013 based on the mother’s substance abuse and mental-health issues; respondent’s paternity was later confirmed while he was incarcerated.
The trial court initially endorsed reunification with respondent, ordered him to enter a Family Services Agreement, and required sobriety and participation in services upon release.
Mother voluntarily relinquished her rights in 2014; DSS changed the permanent plan to adoption after finding respondent’s post-release engagement and compliance had declined.
DSS filed to terminate respondent’s parental rights in February 2015 on grounds of neglect and failure to legitimate; the trial court terminated respondent’s rights in August 2015, finding past neglect and a high probability of repetition.
The Court of Appeals reversed, reasoning the prior neglect adjudication was attributable to the mother and there was insufficient evidence of neglect by the father at the termination hearing.
The North Carolina Supreme Court granted certiorari and reversed the Court of Appeals, holding the trial court’s findings supported termination for neglect.

Issue	Plaintiff's Argument (DSS)	Defendant's Argument (Respondent)	Held
Whether a prior adjudication of neglect tied to the mother can support termination of the father’s rights	Prior adjudication is admissible evidence and, combined with the father’s post-release conduct, supports termination for neglect	Father argues he was incarcerated at the time of the adjudication and thus could not have caused the neglect; Court of Appeals relied on that point	Trial court may consider prior adjudication even if father was incarcerated; here prior adjudication plus father’s conduct supported termination
Whether neglect existed at time of termination hearing (likelihood of repetition)	Trial court found respondent failed to comply with court orders, missed assessments, had unreliable housing/employment, reduced visitation, and ongoing substance/criminal history, showing likely repetition	Father argued absence of direct prior neglect by him and insufficient evidence of current neglect	Court held trial court made independent findings of present neglect and likelihood of repetition sufficient to support termination
Whether incarceration alone bars finding of neglect	DSS: incarceration is not dispositive; courts may consider surrounding circumstances	Respondent: incarceration precludes attributing prior neglect to him	Court reiterated incarceration, alone, is neither sword nor shield and may not bar termination findings

In re Montgomery, 311 N.C. 101 (1984) (best interest of the child governs neglect/custody disputes)
In re Ballard, 311 N.C. 708 (1984) (prior adjudication of neglect may be considered but, when parent has been separated long, there must be showing of past neglect and likelihood of future neglect)
In re D.L.W., 368 N.C. 835 (2016) (when child separated long from parent, need proof of past neglect and likelihood of future neglect)
In re C.L.S., 369 N.C. 58 (2016) (affirming termination of father’s rights where prior adjudication based on mother plus father’s subsequent noncompliance supported termination)
In re P.L.P., 173 N.C. App. 1 (2005) (incarceration alone is neither a sword nor a shield in termination decisions)
In re J.G.B., 177 N.C. App. 375 (2006) (discussing need to show neglect at time of hearing when no prior neglect by that parent was proven)