In re Z.L.W., 372 N.C. 432

Durham County DSS filed neglect petitions for two daughters (Zena and Zadie) after reports of the father’s domestic violence, unsafe driving with the children, threats involving firearms, substance use, and unstable housing.
DSS provided services beginning July 2014; father largely failed to comply with mental health, substance-abuse, parenting, and domestic-violence services and tested positive for marijuana in 2014.
Children were placed with kin and then in foster care; reunification efforts ceased in October 2017 and DSS sought termination of both parents’ rights in June 2017; the mother later relinquished her rights.
At adjudication the trial court found statutory grounds to terminate the father’s parental rights (neglect, willful failure to make reasonable progress, and failure to legitimize one child); those findings are not contested on appeal.
At disposition the court found a high likelihood of adoption by the foster parents, strong bonds between the children and foster parents, diminished parental bond over prolonged foster care, and the father’s failure to address core issues; the court concluded termination was in the children’s best interests and terminated the father’s rights.

Issue	Plaintiff's Argument (DSS)	Defendant's Argument (Father)	Held
Whether terminating the father’s parental rights was in the children’s best interests under N.C.G.S. § 7B-1110(a)	Termination serves best interests because children have bonded with foster parents, there is a high likelihood of adoption, and the father failed to remedy core issues, risking irreparable harm if returned	The trial court should have given greater weight to the strong parent-child bond and kept a legal avenue (e.g., guardianship) to preserve the relationship	Court affirmed: no abuse of discretion — other factors outweighed the parental bond and termination aided permanency
Whether dispositional alternatives (guardianship/custody) should have been favored to preserve the parent-child relationship	DSS: permanency by adoption is primary; alternatives inappropriate given father’s lack of progress and safety concerns	Father: guardianship or custody with foster family would preserve legal relationship and allow continued contact	Court affirmed: alternatives were not required when termination better serves the children’s best interests and safety

In re D.L.W., 368 N.C. 835, 788 S.E.2d 162 (2016) (standard of review for dispositional stage — abuse of discretion)
In re L.M.T., 367 N.C. 165, 752 S.E.2d 453 (2013) (juvenile code dispositional procedures and review standard)
In re Montgomery, 311 N.C. 101, 316 S.E.2d 246 (1984) (best interests of the child are paramount in neglect/custody matters)
State v. Hennis, 323 N.C. 279, 372 S.E.2d 523 (1988) (definition of abuse of discretion)
Koufman v. Koufman, 330 N.C. 93, 408 S.E.2d 729 (1991) (unchallenged trial court findings bind appellate court)
Schloss v. Jamison, 258 N.C. 271, 128 S.E.2d 590 (1962) (binding effect of unchallenged findings)
In re C.L.C., 171 N.C. App. 438, 615 S.E.2d 704 (2005) (trial court may weigh bond versus other permanency factors)