248 N.C. App. 52
N.C. Ct. App.2016Background
- DSS filed a petition alleging Mary was a neglected juvenile due to mother's substance abuse, mental health issues, and unsafe environment.
- At filing, father was incarcerated; Mary, under two months old, lived in a dependent environment with mother's issues.
- DSS obtained non-secure custody; Mary was adjudicated neglected and dependent by stipulation on July 5, 2013.
- Permanency hearings in 2014 initially favored reunification with father, noting his incarceration and sobriety needs.
- After father's release, hearings acknowledged progress but later DSS sought and trial court shifted toward adoption.
- In 2015 DSS petitioned to terminate father's rights; court terminated on neglect grounds; father appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether neglect grounds exist under 7B-1111(a)(1). | DSS argued father’s history of neglect and risk to Mary supported termination. | Father contends no prior neglect by him and no current neglect at termination. | Reversed; no evidence supports neglect grounds. |
Key Cases Cited
- In re J.L.K., 165 N.C.App. 311 (2004) (one ground sufficient if supported by competent evidence)
- In re D.J.D., 171 N.C.App. 230 (2005) (standard: clear, cogent, convincing evidence; facts support law)
- In re Huff, 140 N.C.App. 288 (2000) (proper focus on parental fitness at time of termination)
- In re L.O.K., 174 N.C.App. 426 (2005) (when child not in custody long, history may support termination)
- In re Shermer, 156 N.C.App. 281 (2003) (long separation allows neglect showing likelihood of repetition)
- In re J.G.B., 177 N.C.App. 375 (2006) (no prior neglect by non-offending parent shown at hearing)