Because respondent’s failure to adequately address issues in her case plan supported the trial court’s conclusion that future neglect was likely under the circumstances at the time of the termination hearing, the trial court had grounds to terminate parental rights ...

Tagged with: Neglect

Because father demonstrated an inability to parent the children, favored one child over the other, and lacked independence from his mother and grandmother, the trial court did not abuse its discretion in suspending father’s visitation rights. We affirm the trial ...

Tagged with: Neglect

Because father demonstrated an inability to parent the children, favored one child over the other, and lacked independence from his mother and grandmother, the trial court did not abuse its discretion in suspending father’s visitation rights. We affirm the trial ...

Tagged with: Neglect

In re C.B. (Lawyers Weekly No. 011-040-16, 36 pp.) (Linda McGee, C.J.) (John Tyson, J., dissenting) Appealed from Buncombe County District Court (Andrea Dray, J.) N.C. App. Holding: The trial court’s binding findings of fact establish that (1) the respondent-mother’s ...

Tagged with: Neglect

In re Q.A. (Lawyers Weekly No. 011-030-16, 6 pp.) (Rick Elmore, J.) Appealed from Mecklenburg County District Court (Rickye McKoy-Mitchell, J.) N.C. App. Holding: If he had been contacted, the father of respondent’s three sons was available to take care ...

Tagged with: Neglect

In re F.C.D. (Lawyers Weekly No. 15-07-1086, 18 pp.) (Mark Davis, J.) Appealed from Sampson County District Court (Sarah Seaton, J.) N.C. App. Holding: Two adults told a child (“Michael”) that he was “possessed with demons” and forced him to ...

Tagged with: Neglect

In re J.C. (Lawyers Weekly No. 14-07-0657, 17 pp.) (Rick Elmore, J.) (Robert N. Hunter Jr., J., concurring in part & dissenting in part) Appealed from Johnston County District Court (Resson Faircloth, J.) N.C. App. Holding: Even though Kentucky authorities ...

Tagged with: Neglect Visitation

In re J.E.M. The respondent-father made no effort to visit his son in the five months prior to the termination-of-parental rights hearing; the father met with a parenting class instructor only once, although parenting classes were part of his case plan and the father was only employed part-time. This evidence supports the trial court’s finding that past neglect would be repeated if the child were returned to respondent.

Tagged with: Domestic Relations Neglect parent & child termination of parental rights

In re S.H. Where respondents’ youngest child suffered cardiac arrest as the result of starvation, the trial court properly considered this fact when determining whether respondents’ three elder children were neglected. The trial court also properly considered other facts: the three elder children had never received any medical care while in their parents’ home, the respondent-father beat respondents’ son with various implements for disciplinary purposes such that the child sustained deep bruising and scarring to his back, and the respondent-mother failed to prevent this abuse.

Tagged with: Domestic Relations Neglect parent & child

In re D.L. Even though the children were adjudicated neglected, custody was never removed from the respondent-mother; the mother’s placement of the children in the homes of relatives was within her authority as custodian of the children, and that decision was endorsed by both DSS and the trial court. The court both recognized the mother’s legal status as custodian and alleviated the guardian ad litem’s concern when the court asked the mother to provide a medical power of attorney to meet the children’s medical needs.

Tagged with: Domestic Relations Neglect parent & child