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In re Clark12/28/1984
inding is arguably free from error as it does not state that Tod has been in the continuous custody of the DSS since November 1980. But in any event, any ambiguity or even error in the dates is not prejudicial to respondent, as all the pertinent substantive matters in this finding of fact are correct and supported by competent evidence.
The respondent next assigns error to the finding concerning the shooting incident, namely, that respondent father and Richard Barrier were at respondent mother's trailer, that they were drunk at the time, that respondent father told Barrier to shoot at respondent mother while she held Tod in her arms, and that respondent father and Barrier were arrested in connection with the shooting. The evidence supports all aspects of this finding except whether appellant was actually arrested in connection with the shooting. This discrepancy does not rise to the level of prejudicial error.
Furthermore, though appellant suggests that evidence of the incident should have been excluded on the grounds of remoteness, we disagree, based in part on the gravity of respondent father's conduct. Evidence pertaining to neglect will not be automatically excluded during a hearing to terminate parental rights on remoteness grounds if the relevance of the evidence outweighs any possible prejudice to the parent, particularly where there is other, more recent evidence as to neglect. See In re Tate, 67 N.C. App. 89, 312 S.E.2d 535 (1984); In re Moore, supra.
Finally, it was not reversible error for the court to find that the respondent did not buy his son clothes and other items after the child was found neglected by the court.
IV
Finally, respondent makes two arguments based on alleged errors in the December 1983 amended order: first, that the trial court erred in its conclusion of law that respondent's lack of concern for his son was illustrated by his "egging" Richard Barrier to shoot respondent mother, and second, that the trial court erred in signing the December 1983 order because there was neither clear, cogent and convincing evidence nor any findings of fact that would show the reasonable economic needs of the minor child. The trial court issued the amended order in an express effort to comply with the now-reversed case of In re Montgomery, supra. The findings and conclusions in the amended order are thus superfluous and any questions raised as to its contents are moot.
However, as to the first argument, we note that the record conclusively supports the finding that the father was the person who told Barrier to shoot. As to the second argument, we here affirm the trial court's order on grounds of neglect under G.S. 7A-289.32(2). Whether it was necessary for the trial court to make findings pertaining to the child's reasonable economic needs is not at issue here, since child support is relevant only to G.S. 7A-289.32(4).
Affirmed.
Disposition
Affirmed.
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