Termination of Parental Rights — failure to conduct hearing within 90 days — absence of prejudice
The decision of the Court of Appeals in this case reversing an order terminating respondent's parental rights because the termination hearing was not held within the 90-day period prescribed by N.C.G.S. § 7B-1109 is reversed for the reasons stated in the dissenting opinion that respondent failed to show that she was prejudicial by the delay where she merely asserted that she was deprived of the right to visit with the children, she made no assertion that had she been allowed visitation she would have been able to demonstrate that she had rectified her substance abuse and domestic violence issues which led to the removal of the children, and the delay gave the respondent additional time to rectify those issues but she failed to take advantage of this opportunity.
PER CURIAM.
For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed. This case is remanded to the Court of Appeals for consideration of respondent's remaining assignments of error.
REVERSED AND REMANDED.