In re V.S. and A.S.

Summary

The Supreme Court of North Carolina affirmed orders terminating the respondent mother’s parental rights to V.S. and A.S. based on neglect. The court held that unchallenged findings supported a likelihood of repetition of neglect, notwithstanding the respondent’s argument that family members could assist her in caring for the children.

Holdings

1. The trial court properly determined that there was a likelihood of a repetition of neglect if the children were returned to respondent's care, and the unchallenged findings were sufficient to establish the neglect ground for termination of parental rights.
2. A parent's reliance on others for assistance does not displace the requirement that the trial court assess the fitness and ability of the parent herself to prevent future neglect, because the parent retains ultimate authority over the child.
3. Any error in excluding testimony from respondent's witnesses was nonprejudicial because the unchallenged findings independently supported the findings of past neglect, likelihood of repetition, and the neglect ground for termination.

Questions Presented

1. Whether the trial court erred in determining that there was a likelihood of a repetition of neglect sufficient to establish the neglect ground for termination of parental rights under N.C.G.S. § 7B-1111(a)(1).
2. Whether respondent's reliance on family members or other caregivers required the trial court to find that future neglect was unlikely.
3. Whether exclusion of testimony from respondent's witnesses prejudiced respondent when unchallenged findings independently supported termination.
4. Whether the appeal was properly before the Supreme Court after the trial court dismissed respondent's notice of appeal for failure to obtain her guardian ad litem's signature.

Disposition

affirmed