In re D.L.W., 368 N.C. 835 (2016)

A TPR based on G.S. 7B-1111(a)(1) “requires a showing of neglect at the time of the termination hearing or, if the child has been separated from the parent for a long period of time, there must be a showing of past neglect and a likelihood of future neglect by the parent.” The trial court’s findings were sufficient to support the court’s conclusion that the ground of neglect existed. In the underlying neglect adjudication order, the court made findings that domestic violence between the parents placed the children at risk, and that one child intervened when the parents were fighting. Respondent mother was ordered to participate in domestic violence counseling. In the TPR order, the court made findings based on evidence in the record that domestic violence between the parents continued after the children’s removal and that the mother was unable to articulate an understanding of what she learned in domestic violence counseling. These findings in the TPR order support the court’s conclusion that there would be repetition of neglect based on the children living in an environment injurious to their welfare.