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IN RE MILLER

No. COA02-1580.

590 S.E.2d 864 (2004)

In the Matter of MILLER, a Minor Child.

Court of Appeals of North Carolina.

January 20, 2004.

Attorney(s) appearing for the Case

No brief filed on behalf of petitioner-appellee, Wayne County Department of Social Services.

Rebekah W. Davis, Raleigh, for respondent-appellant.

No brief filed on behalf of the guardian ad litem.

GEER, Judge.

Respondent Tomiko Shanntell Miller, the mother of four-year-old Devante TyQuez Miller, appeals from the termination of her parental rights. We conclude that the Wayne County Department of Social Services ("DSS") lacked standing to file a petition for termination of parental rights because, at the time of the filing of the petition, DSS did not have custody of the child. We therefore vacate the district court's order terminating Ms. Miller's parental rights...

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