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In re G.D.O.

Citations: 809 S.E.2d 382; 257 N.C. App. 951Docket: No. COA17-902

Court: Court of Appeals of North Carolina; February 6, 2018; North Carolina; State Appellate Court

Narrative Opinion Summary

This case involves the appeal by a mother against the termination of her parental rights concerning her three children, adjudicated as neglected and dependent. The Department of Social Services (DSS) intervened following concerns about the mother's living conditions and failure to provide proper care, leading to a series of juvenile petitions and adjudications. The trial court terminated her parental rights based on neglect under N.C.G.S. 7B-1111, concluding that the action was in the children's best interests as required by N.C.G.S. 7B-1110(a). The mother's appellate counsel submitted a no-merit brief, asserting that no grounds for relief were evident, a position the appellate court affirmed by finding no prejudicial error in the original proceedings. The appellate decision upheld the lower court's findings, emphasizing the proper application of statutory criteria in determining the children's welfare. Pseudonyms were used to protect the children's identities. The appellate court's decision was unanimous, with Judges Hunter, Jr. and Dillon concurring in the judgment.

Legal Issues Addressed

Appellate Review and No-Merit Briefs

Application: The appellate counsel's submission of a no-merit brief, indicating a lack of viable grounds for appeal, was acknowledged by the appellate court, which found no prejudicial error in the trial court's decision.

Reasoning: Deborah’s appellate counsel filed a no-merit brief, indicating no grounds for relief were found after a thorough review. The appellate court found no prejudicial error in the trial court's ruling.

Best Interests of the Child under N.C.G.S. 7B-1110(a)

Application: The appellate court concurred with the trial court's determination that terminating parental rights was in the best interests of the children as per statutory requirements.

Reasoning: The court also concluded that the termination was in the children’s best interests, as required by N.C.G.S. 7B-1110(a).

Termination of Parental Rights under N.C.G.S. 7B-1111

Application: The trial court's termination of parental rights was predicated on statutory grounds of neglect as delineated in N.C.G.S. 7B-1111(a)(1,3).

Reasoning: The trial court issued an order on May 17, 2017, terminating parental rights based on grounds for termination listed in N.C.G.S. 7B-1111 (a)(1,3).