Matter of McMillan

ARNOLD, Judge.

It is unchallenged, and the court found, that Shelby and Abe McMillan were “well fed, clothed, and cared for except for their lack of academic instruction.” The court concluded that the children “are neglected within the meaning of G.S. 7A-278(4) on account of the wilful failure and refusal” of their parents “to send said children to school.”

The issue presented in this appeal is whether children whose parents wilfully refuse to allow them to attend school may be “neglected” within the meaning of G.S. 7A-278(4). A child is neglected, as defined in that statute, when he or she…