In re M.A.W.

The trial court did not err by terminating Father’s parental rights to his minor child on the basis of neglect in accordance with N.C. Gen. Stat. 7B-1111(a)(1). The court of appeals reversed the trial court’s order termination of Father’s parental rights, concluding that the trial court erred in finding that grounds existed pursuant to section 7B-1111(a)(1) to terminate Father’s parental rights. On appeal, the New Hanover County Department of Social Services (DSS) argued, among other things, that the court of appeals incorrectly opined that, because Father was incarcerated at the time of the child’s removal, he therefore could not have neglected the child. The Supreme Court agreed and reversed the court of appeals’ judgment, holding that DSS met its burden of proving sufficient facts to enable the trial court to establish by clear and convincing evidence that grounds existed to justify termination. View "In re M.A.W." on Justia Law

Posted in: Family Law

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