LEGAL FILES
North Carolina Court Appeals
IN THE MATTER OF: A.P., NC/ Court of Appeals 2017
McGEE, Chief Judge.
Respondent-Mother (“the mother”) and Respondent-Father (“the father”) (collectively, “the parents”) appeal from a permanency planning order
ceasing reunification efforts and awarding guardianship of their child, A.P. (“the juvenile”), to court-approved non-relative caregivers. For the
reasons discussed below, we vacate the order and remand for further proceedings........
Controversy: "[T]o apply the best interest of the child test in a custody dispute between a parent and a nonparent, a trial court must find that the
natural parent is unfit or that his or her conduct is inconsistent with a parent’s constitutionally protected status.” In re B.G., 197 N.C. App. 570, 574,
677 S.E.2d 549, 552 (2009)" but "In order to challenge on appeal a trial court’s failure to make the requisite finding(s), a parent must first raise
the issue before the trial court. See In re T.P., 217 N.C. App. 181, 186, 718 S.E.2d 716, 719 (2011)"
IN THE MATTER OF ZAA, NC/ Court of Appeals 2016
INMAN, Judge.
Respondent-mother appeals from the trial court's order terminating her parental rights to Z.A.A. ("Zaire").[1] After careful review, we affirm.
On 24 October 2012, the New Hanover County Department of Social Services ("DSS") took Zaire into nonsecure custody and filed a juvenile petition alleging that he was neglected and dependent. The petition was based on the following allegations:
The mother is alleged to be either low functioning mentally and/or have mental health issues and the father is disabled and has a history of
seizures associated with head trauma, is alleged to have a violent history and there are concerns as to his parenting skills.......
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IN THE MATTER OF JWAM, NC/ Court of Appeals 2014
STEPHENS, Judge.
Respondent-mother appeals from the district court's order terminating her parental rights to the juveniles J.W.A.M. ("James") and A.N.J.B.
("Allison").[1] After careful review, we affirm.
On 24 March 2011, the New Hanover County Department of Social Services ("DSS") took James and Allison into nonsecure custody and, the
following day, filed a petition alleging that they were neglected and dependent.[2] The petition alleged that Respondent-mother had mental health
issues, lacked stable housing, and engaged in domestic violence with the juveniles' father.......
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IN THE MATTER OF MAMC, NC/ Court of Appeals 2012
THIGPEN, Judge.
Respondent-mother appeals from an order terminating her parental rights to her daughter, M.A.M.C. For the following reasons, we affirm.
On 21 June 2010, the New Hanover County Department of Social Services ("DSS") filed a petition alleging that M.A.M.C., born March 2009, was a
neglected and dependent juvenile. DSS alleged that respondent-mother and the father have a history of domestic violence; that respondent-
mother and father lack stable housing as they are in danger of eviction; that respondent-mother and the father have not cooperated with services
provided by DSS; and that respondent-mother "appears to have mental health issues and is lacking parental skills." DSS assumed non-secure
custody of M.A.M.C.........
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IN THE MATTER OF KE, NC/ Court of Appeals 2008
BRYANT, Judge.
Respondent, the maternal grandmother of K.E., Jr., appeals from an adjudication order which concluded that the juvenile K.E., Jr. was neglected
and dependent. After careful review, we hold that several of the trial court's findings of fact are not supported by clear and convincing evidence. We
also hold that the trial court's findings are insufficient to support the conclusion that K.E., Jr. was neglected and dependent. We, therefore, vacate
the decision of the Buncombe County District Court........
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IN RE SMALL, 530 SE 2d 104 - NC/ Court of Appeals 2000
WALKER, Judge.
On 27 July 1998, the New Hanover County Department of Social Services ("DSS") filed a petition to terminate the parental rights of respondent
mother Clarissa Cobb. The petition alleged three bases to justify termination of respondent's parental rights: (1) the minor children were neglected
pursuant to N.C. Gen.Stat. § 7A-289.32(2); (2) respondent willfully left the minor children in foster care for more than twelve months pursuant to
N.C. Gen.Stat. § 7A-289.32(3); and (3) respondent is incapable by virtue of mental illness or mental limitations of providing for the proper care and
supervision of the minor children pursuant to N.C. Gen.Stat. § 7A-289.32(7). The record reveals that the petition to terminate respondent's parental
rights pursuant to N.C. Gen.Stat. §§ 7A-289.32(2) and (3) was not addressed....
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Hare v. Butler, 394 SE 2d 231 - NC/ Court of Appeals 1990
ARNOLD, Judge.
A county's liability for the torts of its officers and employees depends on whether the activity involved is "governmental" or "proprietary" in nature.
Traditionally, a county was immune from torts committed by an employee carrying out a governmental function, but was liable for torts committed
while engaged in a proprietary function. The North Carolina Supreme Court has distinguished between the two as follows:.....
4th Circuit Court of Appeals
Weller v. Dept. of Soc. Serv. for City of Baltimore, 901 F. 2d 387 - Court of Appeals, 4th Circuit, 1990 - Google Scholar
CHAPMAN, Circuit Judge:
The plaintiff/appellant, Clifton William Weller, appeals the dismissal of his suit for lack of subject matter jurisdiction. The district court dismissed the action
sua sponte prior to service of process pursuant to Fed.R.Civ.P. 12(h)(3), for lack of federal jurisdiction. We affirm in part, reverse in part, and remand for
further proceedings consistent with this opinion.
"Today we hold that a parent is entitled to a hearing initiated by the State before he may be deprived of the custody of his child, and in an emergency a prompt hearing may ratify the state action. ".......
Publications
Fraud Upon The Court, "This is the most comprehensive read on the corruption in Family Court!"
Pro Bono Legal Self Help, retrieved: November 09, 2017
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The Nicholson Decisions New York’s Response to ‘Failure to Protect’ Allegations
David Lansner, Esq., 2008
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Paul Chill, 2004, University of Connecticut School of Law
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