Matter of Nicholson

LEWIS, Judge.

By this appeal the Wake County Department of Social Services (hereinafter “DSS”) challenges the trial court’s dismissal of a petition alleging Ashley Nicholson to be a neglected juvenile. Ashley is the daughter of respondent Lois Ford and the step-daughter of respondent Michael Ford.

The events leading up to this case began with the November 1990 death of Ashley’s half-brother, Nicholas Ford, due to shaken-baby syndrome. In June 1991, Michael and Lois Ford were arrested on charges of manslaughter for the death of Nicholas. Ashley was placed with a relative until Lois Ford was…