## Facts

- Buncombe County DSS filed a juvenile petition alleging that Eva Leonia Grace Pope, then about nine months old, was abused and neglected after hospitalization for failure to thrive.
- At admission, the child weighed slightly over 12 pounds, was below the 5th percentile, and displayed severe developmental delays inconsistent with her age.
- The child had not been examined by a pediatrician since birth; treating physicians ruled out medical causes for the condition, supporting an inference of inadequate care.
- The mother consented to an adjudication of neglect and participated in a case plan, including psychological evaluation, therapy, parenting classes, and supervised visitation.
- DSS later petitioned to terminate parental rights on neglect and on willfully leaving the child in foster care for more than 12 months.
- At the termination hearings, evidence indicated the mother continued to deny responsibility for the child’s condition, exhibited serious psychological impairment unlikely to change, and during visits attempted to feed the child inappropriate food.
- The trial court terminated parental rights, finding neglect and a likelihood of repetition if the child were returned to the mother’s custody; the mother appealed.

## Issues

1. Whether clear, cogent, and convincing evidence supported termination on the ground of neglect, including a probability of future neglect if the child were returned to the mother.
2. Whether the mother’s participation in services and asserted therapeutic progress precluded a finding of likely repetition of neglect when the child was not in her custody at the time of the termination hearing.

## Decision

- The Court of Appeals affirmed termination based on neglect.
- The court held that the trial court’s findings, supported by competent evidence, established both prior neglect and a probability of repeated neglect if custody were returned.
- The court rejected the argument that compliance with services required reversal, concluding the evidence supported a finding of no meaningful progress in correcting the conditions leading to neglect.
- Because one statutory ground was sufficient to support termination, the court did not need to rely on alternative grounds to affirm.

## Legal Principles

- Termination for neglect requires proof by clear, cogent, and convincing evidence that the parent neglected the juvenile as defined by statute.
- When the child has been out of the parent’s custody for a substantial period, the court must evaluate current conditions in light of prior neglect and determine whether neglect is likely to be repeated if the child is returned.
- Technical compliance with a case plan does not bar termination if evidence shows the parent has not corrected the underlying conditions and the risk of future neglect remains.
- On appeal, findings of fact supported by competent evidence are binding; appellate review focuses on whether the findings support the legal conclusion that a statutory ground for termination exists.

## Conclusion

The court upheld termination of parental rights for neglect where the child’s prior life-threatening failure to thrive, combined with evidence of the mother’s continuing denial, psychological impairment, and lack of meaningful behavioral change, supported a finding that neglect would likely recur despite the mother’s participation in services.


In re Pope, 547 S.E.2d 153 (N.C. Ct. App. 2001)