Krauss v. Wayne County Department of Social Services

ORR, Justice.

This case addresses whether a natural parent whose parental rights have been terminated for abuse and neglect nevertheless has standing to seek custody of his biological children as an “other person” under N.C.G.S. § 50-13.1(a).

Plaintiff is the natural father of two minor children, John Michael Krauss and Geneva Fransica Krauss. In June 1989, defendant Wayne County Department of Social Services (“DSS”) became aware of allegations that plaintiff was abusing his son and daughter. In re Krauss, 111 N.C. App. 456, 434 S.E.2d 252 (1993) (unpublished) (‘Krauss II”). At that time, his…