Alleghany County Department of Social Services v. Reber

Judge WEBB

dissenting.

I dissent. The parental rights of Tami W. Reber were terminated on the ground that her child was abused. This is one of the grounds for termination under G.S. 7A-289.32(2). G.S. 7A-517 (1) defines an abused child as follows:

(1) Abused Juveniles —Any juvenile less than 18 years of age whose parent or other person responsible for his care:
a. Inflicts or allows to be inflicted upon the juvenile a physical injury by other than accidental means which causes or creates a substantial risk of death, disfigurement, impairment of physical health, or loss or impairment of function of any bodily organ. . . .

I believe the evidence is such that the court may find, as it did, by clear, cogent and convincing evidence that Tami W. Reber has “created, or allowed to be created, a substantial risk of physical injury to Tiffany Reber.” This finding that Tami W. Reber has abused Tiffany Reber supports the conclusion to terminate the parental rights.

I do not believe In re Ballard, 311 N.C. 708, 319 S.E. 2d 227 (1984), controls this case. That case was based on neglect as a ground for termination. Neglect can be corrected. A change in circumstance can occur and at the time of the hearing there may be no neglect. Once a child has been abused, as was Tiffany Reber, it cannot be corrected. This is a ground for termination under the *473statute and I believe it was proved in this case. I believe also that the evidence was such that the court did not abuse its discretion by terminating the parental rights of Tami W. Reber.

I vote to affirm.