In Re Ballard

In In re Ballard, 311 N.C. 708, 319 S.E.2d 227 (1984), our Supreme Court stated the applicable standards as follows: We hold that evidence of neglect by a parent prior to losing custody of a child -- including an adjudication of such neglect -- is admissible in subsequent proceedings to terminate parental rights. The trial court must also consider any evidence of changed conditions in light of the evidence of prior neglect and the probability of a repetition of neglect. In re Wardship of Bender, 170 Ind. App. at 285, 352 N.E. 2d at 804. 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 715, 319 S.E.2d at 232. In addressing the issue of whether neglect exists at the time of the termination proceeding, the trial court should consider any evidence of changed conditions since the child has left parental custody and the probability of repetition of neglect. Id. at 716, 319 S.E.2d at 232-233 ("the answer to this ultimate question must be based upon the then existing best interests of the child and fitness of the parent(s) to care for it in light of any evidence of neglect and the probability of a repetition of neglect.").