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138 North Carolina opinions name it 2 courts 1926–2026 41 in the last five years
The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Matter of Ballardgreen2 sentences2026“The determinative factors must be the best interests of the child and the fitness of the parent to care for the child at the time of the termination proceeding.” In re Z.V.A., 373 N.C. 207 , 212, 835 S.E.2d 425 , 430 (2019) (quoting In re Ballard, 311 N.C. 708, 715 , 319 S.E.2d 227, 232 (1984)) (emphasis omitted). “[I]f 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.” In re D.L.W., 368 N.C. 835, 843 , 788 S.E.2d 162, 167 (2016) (citation omitted). 2026“The determinative factors must be the best interests of the child and the fitness of the parent to care for the child at the time of the termination proceeding.” In re Z.V.A., 373 N.C. 207 , 212, 835 S.E.2d 425 , 430 (2019) (quoting In re Ballard, 311 N.C. 708, 715 , 319 S.E.2d 227, 232 (1984)) (emphasis omitted). “[I]f 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.” In re D.L.W., 368 N.C. 835, 843 , 788 S.E.2d 162, 167 (2016) (citation omitted). | 45 | 75 |
Matter of Montgomerygreen2 sentences2025Stat. § 7B-309 cannot provide ‘cover’ against adjudications of abuse or neglect.” Moreover, with specific regard to neglect, it is well established that “[i]n determining whether a child is neglected, the determinative factors are the circumstances and conditions surrounding the child, not the fault or culpability of the parent.” In re Montgomery, 311 N.C. 101, 109 , 316 S.E.2d 246, 252 (1984).2 Indeed, this Court recently reviewed a similar case involving a mother’s treatment of her children amidst an investigation of reported allegations of sexual abuse against the children’s father. 2025Stat. § 7B-309 cannot provide ‘cover’ against adjudications of abuse or neglect.” Moreover, with specific regard to neglect, it is well established that “[i]n determining whether a child is neglected, the determinative factors are the circumstances and conditions surrounding the child, not the fault or culpability of the parent.” In re Montgomery, 311 N.C. 101, 109 , 316 S.E.2d 246, 252 (1984).2 Indeed, this Court recently reviewed a similar case involving a mother’s treatment of her children amidst an investigation of reported allegations of sexual abuse against the children’s father. | 27 | 41 |
In Re Brimgreen2 sentences2010The determinative factors must be the best interests of the child and the fitness of the parent to care for the child at the time of the [adjudication] proceeding.” (Emphasis added.) See id. 2010The determinative factors must be the best interests of the child and the fitness of the parent to care for the child at the time of the [adjudication] proceeding. " (Emphasis added.) See id. | 3 | 7 |
In re M.A.W.green2 sentences2020Thus, as was the case in In re M.A.W., we hold that “[t]he trial court properly found that past neglect was established by [YFS] and that there was a likelihood of repetition of neglect[,]” 370 N.C. at 156 , 804 S.E.2d at 518 , given that the trial court’s findings provide ample justification for its conclusion that respondent-father was unable to properly care for Sarah at the time of the termination hearing, see In re Ballard, 311 N.C. at 715 , 319 S.E.2d at 232 (explaining that the trial court must consider evidence of changed circumstances in addition to evidence of the prior adjudication 2020Thus, as was the case in In re M.A.W., we hold that “[t]he trial court properly found that past neglect was established by [YFS] and that there was a likelihood of repetition of neglect[,]” 370 N.C. at 156 , 804 S.E.2d at 518 , given that the trial court’s findings provide ample justification for its conclusion that respondent-father was unable to properly care for Sarah at the time of the termination hearing, see In re Ballard, 311 N.C. at 715 , 319 S.E.2d at 232 (explaining that the trial court must consider evidence of changed circumstances in addition to evidence of the prior adjudication | 2 | 4 |
In re B.O.A.green2 sentences2021See In re B.O.A., 372 N.C. at 384 . 2021See In re B.O.A., 372 N.C. at 384 . | 2 | 2 |
In Re Manusgreen2 sentences2014App. 340, 348 , 346 S.E.2d 289, 294 (1986) (quoting In re Ballard, 311 N.C. 708, 715 , 319 S.E.2d 227 , 232 -9- (1984)) (emphasis in original). 2014App. 340, 348 , 346 S.E.2d 289, 294 (1986) (quoting In re Ballard, 311 N.C. 708, 715 , 319 S.E. 2d 227, 232 (1984)) (emphasis in original). | 2 | 2 |
State v. Wilkersongreen2 sentences1985The determinative test for the admission of expert testimony is "whether the opinion expressed is really one based on the special expertise of the expert, that is, whether the witness because of his [or her] expertise is in a better position to have an opinion on the subject than is the trier of fact." State v. Wilkerson, 295 N.C. 559, 568-69 , 247 S.E.2d 905, 911 (1978). 1985The determinative test for the admission of expert testimony is "whether the opinion expressed is really one based on the special expertise of the expert, that is, whether the witness because of his [or her] expertise is in a better position to have an opinion on the subject than is the trier of fact." State v. Wilkerson, 295 N.C. 559, 568-69 , 247 S.E.2d 905, 911 (1978). | 2 | 2 |
In re D.L.W.green2 sentences2026“The determinative factors must be the best interests of the child and the fitness of the parent to care for the child at the time of the termination proceeding.” In re Z.V.A., 373 N.C. 207 , 212, 835 S.E.2d 425 , 430 (2019) (quoting In re Ballard, 311 N.C. 708, 715 , 319 S.E.2d 227, 232 (1984)) (emphasis omitted). “[I]f 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.” In re D.L.W., 368 N.C. 835, 843 , 788 S.E.2d 162, 167 (2016) (citation omitted). 2026“The determinative factors must be the best interests of the child and the fitness of the parent to care for the child at the time of the termination proceeding.” In re Z.V.A., 373 N.C. 207 , 212, 835 S.E.2d 425 , 430 (2019) (quoting In re Ballard, 311 N.C. 708, 715 , 319 S.E.2d 227, 232 (1984)) (emphasis omitted). “[I]f 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.” In re D.L.W., 368 N.C. 835, 843 , 788 S.E.2d 162, 167 (2016) (citation omitted). | 1 | 1 |
In re: Q.A., J.A., M.A., S.G.green2 sentences2020“In determining whether a child is neglected, the determinative factors are the circumstances and conditions surrounding the child, not the fault or culpability of the parent.” In re Q.A., 245 N.C. 2020App. 71, 74 , 781 S.E.2d 862, 864 (2016) (citation omitted). | 1 | 1 |
In Re Stumbogreen2 sentences2020“In order to adjudicate a juvenile neglected, our courts have additionally required that there be some physical, mental, or emotional impairment of the juvenile or a substantial risk of such impairment as a consequence of the failure to provide proper care, supervision, or discipline.” In re Stumbo, 357 N.C. 279, 283 , 582 S.E.2d 255, 258 (2003) (emphasis supplied). 3. 2020“In order to adjudicate a juvenile neglected, our courts have additionally required that there be some physical, mental, or emotional impairment of the juvenile or a substantial risk of such impairment as a consequence of the failure to provide proper care, supervision, or discipline.” In re Stumbo, 357 N.C. 279, 283 , 582 S.E.2d 255, 258 (2003) (emphasis supplied). 3. | 1 | 1 |
In Re ACFgreen1 sentence2017Specifically, she points to an absence of findings with regard to either the "fitness of [respondent-mother] to care *35 for the child[ren]," or "the nature and extent of [respondent-mother's] reasonable progress" " at the time of the termination proceeding ." See Ballard , 311 N.C. at 715 , 319 S.E.2d at 232 ("The determinative factors must be the best interests of the child and the fitness of the parent to care for the child at the time of the termination proceeding ."); A.C.F. , 176 N.C.App. at 528 , 626 S.E.2d at 735 (noting that a parent's reasonable progress "is evaluated for the duratio | 1 | 1 |
In Re DJDgreen2 sentences2016Further, "[a]s always, the best interests of the children and parental fitness at the time of the termination hearing are the determinative factors." Id. at 239-40 , 615 S.E.2d at 33 (emphasis added). 2016Further, "[a]s always, the best interests of the children and parental fitness at the time of the termination hearing are the determinative factors." Id. at 239-40 , 615 S.E.2d at 33 (emphasis added). | 1 | 1 |
| In Re Younggreen | 1 | 1 |
| Schneider v. Brunkgreen | 1 | 1 |
| In Re Beasleygreen | 1 | 1 |
| In Re Beckgreen | 1 | 1 |
| Ray v. Norrisgreen | 1 | 1 |
| State v. Moosegreen | 1 | 1 |
| MATTER OF McDONALDgreen | 1 | 1 |
| Lumbee River Electric Membership Corp. v. City of Fayettevillegreen | 1 | 1 |
| Rawlings v. Kentuckygreen | 1 | 1 |
| United States v. Salvuccigreen | 1 | 1 |
| State v. . Smithgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Union County Department of Social Services ex rel. Herrell v. Mullis
green
2 sentences2014Moreover, when determining that a child is neglected, “it is relevant whether that juvenile lives in a home where . . . another juvenile has been subjected to abuse or neglect by an adult who regularly lives in the home.” Id. “‘The determinative factors must be the best interests of the child and the fitness of the parent to care for the child at the time of the termination proceeding.’” In re Manus, 82 N.C. 2014“The determinative factors must be the -6- best interests of the child and the fitness of the parent to care for the child at the time of the termination proceeding.” In re Manus, 82 N.C. | 4 | 2014–2014 |
In re J.S.
green
2 sentences2020In In re J.S., 182 N.C. 2020In In re J.S., 182 N.C. | 3 | 2008–2020 |
Lineberger v. Ruby Cotton Mills, Inc.
neutral
2 sentences1931In such cases the determinative principle of law is thus stated in Wentz v. Land Co., 193 N. C., 32 : ‘In injunction proceedings this Court has the power to find and review the findings of fact on appeal, but the burden is on the appellant to assign and show error, and there is a presumption that the judgment and proceedings in the court below are correct.’ Angelo v. Winston-Salem, 193 N. C., 207 , 136 S. E., 489 ; Lineberger v. Cotton Mills, 196 N. C., 506 , 146 S. E., 215 . 1931In such cases the determinative principle of law is thus stated in Wentz v. Land Co., 193 N. C., 32 : ‘In injunction proceedings this Court has the power to find and review the findings of fact on appeal, but the burden is on the appellant to assign and show error, and there is a presumption that the judgment and proceedings in the court below are correct.’ Angelo v. Winston-Salem, 193 N. C., 207 , 136 S. E., 489 ; Lineberger v. Cotton Mills, 196 N. C., 506 , 146 S. E., 215 . | 3 | 1929–1931 |
Wentz v. Piedmont Land Co.
neutral
2 sentences1931In such cases the determinative principle of law is thus stated in Wentz v. Land Co., 193 N. C., 32 : ‘In injunction proceedings this Court has the power to find and review the findings of fact on appeal, but the burden is on the appellant to assign and show error, and there is a presumption that the judgment and proceedings in the court below are correct.’ Angelo v. Winston-Salem, 193 N. C., 207 , 136 S. E., 489 ; Lineberger v. Cotton Mills, 196 N. C., 506 , 146 S. E., 215 . 1931In such cases the determinative principle of law is thus stated in Wentz v. Land Co. , 193 N.C. 32 : `In injunction proceedings this Court has the power to find and review the findings of fact on appeal, but the burden is on the appellant to assign and show error, and there is a presumption that the judgment and proceedings in the court below are correct.' Angelo v. Winston-Salem , 193 N.C. 207 , 136 S.E. 489 ; Lineberger v. Cotton Mills , 196 N.C. 506 , 146 S.E. 215 . | 3 | 1929–1931 |
Angelo v. City of Winston-Salem
neutral
2 sentences1931In such cases the determinative principle of law is thus stated in Wentz v. Land Co., 193 N. C., 32 : ‘In injunction proceedings this Court has the power to find and review the findings of fact on appeal, but the burden is on the appellant to assign and show error, and there is a presumption that the judgment and proceedings in the court below are correct.’ Angelo v. Winston-Salem, 193 N. C., 207 , 136 S. E., 489 ; Lineberger v. Cotton Mills, 196 N. C., 506 , 146 S. E., 215 . 1931In such cases the determinative principle of law is thus stated in Wentz v. Land Co., 193 N. C., 32 : ‘In injunction proceedings this Court has the power to find and review the findings of fact on appeal, but the burden is on the appellant to assign and show error, and there is a presumption that the judgment and proceedings in the court below are correct.’ Angelo v. Winston-Salem, 193 N. C., 207 , 136 S. E., 489 ; Lineberger v. Cotton Mills, 196 N. C., 506 , 146 S. E., 215 . | 3 | 1929–1931 |
In re T.N.H.
green
2 sentences2022In re T.N.H., 372 N.C. at 407 . 2022In re T.N.H., 372 N.C. at 407 . | 2 | 2022–2022 |
In re P.L.P.
green
2 sentences2018In re P.L.P. , 173 N.C. 2014“The determinative factors must be the best interests of the child and the fitness of the parent to care for the child at the time of the termination proceeding.” In re P.L.P., 173 N.C. | 2 | 2014–2018 |
In Re Pierce
green
2 sentences2016Where "a child has not been in the custody of the parent for a significant period of time prior to the termination hearing, the trial court must employ a different kind of analysis to determine whether the evidence supports a finding of neglect," In re Pierce, 146 N.C.App. 641 , 651, 554 S.E.2d 25 , 31 (2001), aff'd, 356 N.C. 68 , 565 S.E.2d 81 (2002), "because requiring the petitioner in such circumstances to show that the child is currently neglected by the parent would make termination of parental rights impossible." Id. 2007The dissent further noted, "`The determinative factors must be the best interests of the child and the fitness of the parent to care for the child at the time of the termination proceeding.'" Id. at ___, 632 S.E.2d at 243 (quoting In re Brim, 139 N.C.App. 733, 742 , 535 S.E.2d 367, 372 (2000)). | 2 | 2007–2016 |
Waters v. Qualified Personnel, Inc.
green
2 sentences2008App. 560, 562 , 324 S.E.2d 922, 923 (1985) (citing Waters v. Qualified Personnel, Inc., 294 N.C. 200 , 240 S.E.2d 338 (1978)). 2008App. 560, 562 , 324 S.E.2d 922, 923 (1985) (citing Waters v. Qualified Personnel, Inc., 294 N.C. 200 , 240 S.E.2d 338 (1978)). | 2 | 1985–2008 |
In Re JTW
green
2 sentences2007The dissent further noted, “ ‘The determinative factors must be the best interests of the child and the fitness of the parent to care for the child at the time of the termination proceeding.’ ” Id. at 688, 632 S.E.2d at 243 (quoting In re Brim, 139 N.C. 2007The dissent further noted, "`The determinative factors must be the best interests of the child and the fitness of the parent to care for the child at the time of the termination proceeding.'" Id. at ___, 632 S.E.2d at 243 (quoting In re Brim, 139 N.C.App. 733, 742 , 535 S.E.2d 367, 372 (2000)). | 2 | 2007–2007 |
In Re APA
green
2 sentences2004However, because "[n]eglect may be manifested in ways less tangible than failure to provide physical necessities[,] . . . the trial judge may consider . . . a parent's complete failure to provide the personal contact, love, and affection that inheres in the parental relationship." In re Apa, 59 N.C. 2004However, because "[n]eglect may be manifested in ways less tangible than failure to provide physical necessities[,] . . . the trial judge may consider . . . a parent's complete failure to provide the personal contact, love, and affection that inheres in the parental relationship." In re Apa, 59 N.C. | 2 | 2004–2004 |
State v. . Randolph
green
2 sentences1993State v. Randolph, 228 N.C. 228 , 45 S.E.2d 132 (1947). 1993State v. Randolph, 228 N.C. 228 , 45 S.E.2d 132 (1947). | 2 | 1989–1993 |
In re McDonald
green
2 sentences1986This Court has held that "[t]he key to a valid termination of parental rights on neglect grounds where a prior adjudication of neglect is considered is that the court must make an independent determination of whether neglect authorizing the termination of parental rights existed at the time of the hearing." In re McDonald, 72 N.C.App. 234, 241 , 324 S.E.2d 847, 851 (1984) disc. rev. denied, 314 N.C. 115 , 332 S.E.2d 490 (1985) (emphasis added). 1986This Court has held that “[t]he key to a valid termination of parental rights on neglect grounds where a prior adjudication of neglect is considered is that the court must make an independent determination of whether neglect authorizing the termination of parental rights existed at the time of the hearing. ” In re McDonald, 72 N.C. | 2 | 1986–1986 |
State v. Maines
green
2 sentences2019Defendant's position is unpersuasive because the extent and strength of her ownership interest in the property is inconsequential in evaluating the existence of the determinative factors undergirding the doctrine of recent possession in **606 the face of defendant's motion to dismiss. " '[E]xclusive' possession" may include "joint possession of co-conspirators or persons acting in concert in which case the possession of one criminal accomplice would be the possession of all." Maines , 301 N.C. at 675 , 273 S.E.2d at 294 . 2019Defendant's position is unpersuasive because the extent and strength of her ownership interest in the property is inconsequential in evaluating the existence of the determinative factors undergirding the doctrine of recent possession in **606 the face of defendant's motion to dismiss. " '[E]xclusive' possession" may include "joint possession of co-conspirators or persons acting in concert in which case the possession of one criminal accomplice would be the possession of all." Maines , 301 N.C. at 675 , 273 S.E.2d at 294 . | 1 | 2019–2019 |
In re A.C.F.
green
1 sentence2017Specifically, she points to an absence of findings with regard to either the "fitness of [respondent-mother] to care *35 for the child[ren]," or "the nature and extent of [respondent-mother's] reasonable progress" " at the time of the termination proceeding ." See Ballard , 311 N.C. at 715 , 319 S.E.2d at 232 ("The determinative factors must be the best interests of the child and the fitness of the parent to care for the child at the time of the termination proceeding ."); A.C.F. , 176 N.C.App. at 528 , 626 S.E.2d at 735 (noting that a parent's reasonable progress "is evaluated for the duratio | 1 | 2017–2017 |
In Re Kjd
green
1 sentence2017App. 653 , 660, 692 S.E.2d 437 , 443 (2010) (alteration in original) (quoting In re Brim , 139 N.C. | 1 | 2017–2017 |
In re K.J.D.
green
1 sentence2017The determinative factors must be the best interests of the child and the fitness of the parent to care for the child at the time of the [adjudication] proceeding." In re K.J.D. , 203 N.C. | 1 | 2017–2017 |
In Re Hayden
green
1 sentence2017This Court addressed a nearly identical issue in In re Hayden , 96 N.C. | 1 | 2017–2017 |
| In Re Pierce green | 1 | 2016–2016 |
| In Re JS green | 1 | 2015–2015 |
| In Re Shermer green | 1 | 2014–2014 |
| State v. Ross green | 1 | 2014–2014 |
| In Re PLP green | 1 | 2014–2014 |
| In re P.L.P. green | 1 | 2014–2014 |
| In Re McLean green | 1 | 2009–2009 |
| Dubose Steel, Inc. v. BB&T neutral | 1 | 1986–1986 |
| Wilson v. Wilson neutral | 1 | 1986–1986 |
| Benton v. W. H. Weaver Construction Co. green | 1 | 1985–1985 |
| Peebles v. Moore green | 1 | 1983–1983 |
| Peebles v. Moore green | 1 | 1983–1983 |
| Nimocks v. . Pope neutral | 1 | 1928–1928 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.