In the Matter of D. MONTGOMERY, a minor female child; S. Maxwell, a minor female child; A. Maxwell, a minor female child; and D. Maxwell, a minor male child.
Supreme Court of North Carolina.https://leagle.com/images/logo.png
June 5, 1984.
June 5, 1984.
Attorney(s) appearing for the Case
Woodall, McCormick & Felment, P.A. by Edward H. McCormick, Lillington, for petitioner-appellant.
O. Henry Willis, Jr., Dunn, for respondents-appellees.
Rufus L. Edmisten, Atty. Gen. by David R. Minges, Associate Atty. Gen., and Jane Rankin Thompson, Asst. Atty. Gen., Raleigh, appearing as amicus curiae for the State.
Ruff, Bond, Cobb, Wade & McNair by William H. McNair and Moses Luski, Charlotte, appearing as amicus curiae for Mecklenburg County Dept. of Social Services.
Supreme Court of North Carolina.
COPELAND, Justice.
I.
The Court of Appeals, in In re Montgomery, 62 N.C. App. 343, 303 S.E.2d 324 (1983), reversed the trial judge's judgment terminating parental rights on the grounds of neglect pursuant to N.C.Gen.Stat. § 7A-289.32(2). That court held that the clear, cogent, and convincing evidence standard of proof requires the party seeking termination of parental rights for neglect to prove not only that...
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