Legal Opinion · Dissent

In re Young

Court of Appeals of North Carolina

Decided April 2, 1996No. COA95-533Published

1Dissent

Judge Wynn

dissenting,

In my opinion the evidence terminating Dawn Christina Hayward’s rights as a biological parent was not based on clear, cogent and convincing evidence that neglect or the probability of its repetition existed at the time of the termination proceeding. Accordingly, I dissent.

A petitioner who seeks termination of parental rights must show that clear, cogent and convincing evidence of neglect exists at the time of the termination proceeding. In re Ballard, 311 N.C. 708, 716, 319 S.E.2d 227, 232 (1984). “[Termination of parental rights for neglect may not be based solely on…

2Cases cited3 opinions

  1. Matter of MontgomerySupreme Court of North Carolina · 1984
  2. Matter of BallardSupreme Court of North Carolina · 1984
  3. Matter of DinsmoreCourt of Appeals of North Carolina · 1978

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