In re A.N.S., 284 N.C. App. 631 (2022)

Held: 
Affirmed
  • Facts: The juvenile was adjudicated neglected and at initial disposition, DSS was relieved of providing reunification efforts to father. Father shot and killed mother in front of the children. Father was arrested and awaiting trial for first-degree mother. DSS did not engage with father and provide a service plan. DSS filed a TPR petition, which was granted, and father appeals.
  • G.S. 7B-1111(a)(1) authorizes a TPR on the ground of neglect. When there is a period of separation between the child and parent, there must be past neglect and a likelihood of future neglect based on the circumstances at the time of the TPR hearing.
  • Although father argues that the court relied on the 2018 shooting event as the ground for TPR, the trial court considered father’s conviction of first-degree murder with a sentence of life (which occurred after the TPR was filed) and the fact that DSS has not and will not provide services to father to help remedy the conditions that led to the child’s adjudication to determine neglect existed. Further, father cannot provide proper care, supervision, or discipline to his child if he is in prison for life without the possibility of parole.
Category:
Termination of Parental Rights
Stage:
Adjudication
Topic:
Neglect
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