North Carolina Court Case: Krauss v. County

JOHN MICHAEL KRAUSS v. WAYNE COUNTY DEPARTMENT OF SOCIAL SERVICES 

No. 25PA97 

SUPREME COURT OF NORTH CAROLINA 

347 N.C. 371; 493 S.E.2d 428 

September 10, 1997, Heard in the Supreme Court 

December 5, 1997, Filed 

On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous, unpublished decision of the Court of Appeals, 124 N.C. App. 785, 479 S.E.2d 509 (1996), affirming an order entered by Goodman, J., on 16 April 1996, in District Court, Wayne County, allowing defendant's Rule 12(b)(6) motion to dismiss. 

AFFIRMED. 

COUNSEL:
G. Nicholas Herman, for plaintiff-appellant. 

Baddour, Parker & Hine, P.C., by E.B. Borden Parker and William D. Orander, III, for defendant-appellee. 

JUDGES:
ORR, Justice. 

OPINION:
ORR, Justice.
This case addresses whether a natural parent whose parental rights have been terminated for abuse and neglect nevertheless has standing to seek custody of his biological children as an "other person" under N.C.G.S. § 50-13.1(a).
Plaintiff is the natural father of two minor children, John Michael Krauss and Geneva Fransica Krauss. In June 1989, defendant Wayne County Department of Social Services ("DSS") became aware of allegations that plaintiff was abusing his son and daughter. In re Krauss, 111 N.C. App. 456, 434 S.E.2d 252 (1993) (unpublished) ("Krauss II"). At that time, his son was four and a half years old, and his daughter was three and a half years old. In re Krauss, 102 N.C. App. 112, 113, 401 S.E.2d 123, 124 (1991) ("Krauss I"). DSS initiated an investigation, and plaintiff thereafter signed a Voluntary Boarding Home Agreement in which he consented to place the children in DSS's legal custody. However, before DSS received physical custody of the children, plaintiff took them to his mother and stepfather's house in Georgia. When DSS learned that plaintiff had removed the children without its permission, it sought and obtained a nonsecure custody order. Plaintiff then promptly surrendered physical custody of the children to DSS.
On 6 June 1989, DSS filed a petition alleging that plaintiff was abusing and neglecting the two children. Krauss II, 111 N.C. App. 456, 434 S.E.2d 252. At the abuse and neglect hearing, DSS presented evidence revealing that plaintiff had terrorized, neglected, and sexually molested his children. Krauss I, 102 N.C. App. at 115-16, 401 S.E.2d at 125-26. Testimony from the children and other sources revealed that plaintiff would wear a vampire costume and tie the children up to scare them. Id. at 115-16, 401 S.E.2d at 125. He would also commit sexual acts upon the children, including "tongue kissing" and performing oral sex on them. Id. at 116, 401 S.E.2d at 125. Based on this as well as other evidence, the trial court entered an order on 8 September 1989 adjudicating both children to be abused and neglected pursuant to N.C.G.S. § 7A-517. Id. at 113-14, 401 S.E.2d at 124. Plaintiff appealed this order, and the Court of Appeals affirmed the trial court's decision. Id. at 117, 401 S.E.2d at 126.
While the abuse and neglect hearing was pending appeal, DSS filed a petition on 15 November 1989 seeking to terminate plaintiff's parental rights. Krauss II, 111 N.C. App. 456, 434 S.E.2d 252. A parental termination hearing was held at the 29 May 1990 Civil Session of Wayne County District Court. Id. Based on the same evidence which was presented at the abuse and neglect hearing, the trial court entered an order on 9 October 1991 terminating plaintiff's parental rights for neglect and continuing custody of the children with DSS with full placement rights. Krauss v. Wayne County Dep't of Social Servs., 124 N.C. App. 785, 479 S.E.2d 509 (1996) (unpublished) ("Krauss III").