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Keywords

trialwilldomestic violence
trialwilldomestic violence

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R-D-S-E-, Matter of

Facts

On January 13, 2009, the Vance County Department of Social Services filed petitions alleging that the children were neglected. The mother had a history of domestic violence with the children's father, which included physical assaults and threats. Despite being ordered to complete a case plan that included therapy and stable housing, the mother failed to make significant progress, leading to the termination of her parental rights.

On January 13, 2009, the Vance County Department of Social Services filed petitions alleging that the children were neglected. The mother had a history of domestic violence with the children's father, which included physical assaults and threats.

Issue

Did the trial court err in concluding that grounds existed to terminate the mother's parental rights under N.C. Gen. Stat. 7B-1111(a)(2)?

Did the trial court err in concluding that grounds existed to terminate the mother's parental rights under N.C. Gen. Stat. 7B-1111(a)(2)?

Rule

To terminate a parent's rights under N.C. Gen. Stat. 7B-1111(a)(2), the trial court must determine by clear, cogent, and convincing evidence that a child has been willfully left in foster care for over twelve months and that the parent has not made reasonable progress to correct the conditions that led to the child's removal.

To terminate a parent's rights under N.C. Gen. Stat. 7B-1111(a)(2), the trial court must determine by clear, cogent, and convincing evidence that a child has been willfully left in foster care for over twelve months and that the parent has not made reasonable progress to correct the conditions that led to the child's removal.

Analysis

The court found that the mother had not consistently participated in therapy as required and had ongoing issues with domestic violence. Despite being given ample time and resources to address these issues, she failed to demonstrate any significant progress. The court emphasized that the mother's failure to attend therapy sessions and her continued involvement in a violent relationship were critical factors in its decision.

The court found that the mother had not consistently participated in therapy as required and had ongoing issues with domestic violence. Despite being given ample time and resources to address these issues, she failed to demonstrate any significant progress.

Conclusion

The court affirmed the termination of the mother's parental rights, concluding that it was in the best interest of the children due to the mother's lack of progress in addressing the issues that led to their removal.

The court affirmed the termination of the mother's parental rights, concluding that it was in the best interest of the children due to the mother's lack of progress in addressing the issues that led to their removal.

Who won?

The Vance County Department of Social Services prevailed in the case as the court upheld the termination of the mother's parental rights, citing her failure to make necessary changes to ensure the children's safety.

The Vance County Department of Social Services prevailed in the case as the court upheld the termination of the mother's parental rights, citing her failure to make necessary changes to ensure the children's safety.

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