In re L.R.S., 237 N.C. App 16 (2014)


  • A parent’s incapability to provide care or supervision to her child may be due to any cause or condition, which includes an extended incarceration.
  • The court must find that there is a reasonable probability that a parent’s incapability to provide care or supervision to her child will continue for the foreseeable future, which may be less than the duration of the child’s minority.
  • Without evidence that a parent’s proposed alternate child care arrangement is viable, the court may find a parent did not propose an alternate child care arrangement.
  • Facts: Child was taken into nonsecure custody at 2 months old due to father’s incarceration and mother’s arrest and detention in a pre-trial facility. Child was adjudicated neglected and dependent.  Respondent mother visited with her child for one year while awaiting her criminal trial.  Respondent mother was convicted and sentenced to 38 months to a federal prison in Connecticut. The court ordered cease reunification efforts, and DSS filed a motion to terminate respondent’s parental rights, which was granted on both neglect and dependency grounds.  RM appeals.


Termination of Parental Rights
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