This section contains the nature of the case and procedural background.

The sister of D became highly concerned about the child's condition in that the child was listless; she lay without moving; her arms were raised over her head at a 90-degree position, and she was emaciated. Due to her concerns, Ms. Foster, the sister, took the minor child to see Dr. Sechlar at Asheville Pediatrics on February 23, 1998, at which time Dr. Sechlar immediately admitted the child to Memorial Mission Hospital for failure to thrive. P filed a petition to terminate the parental rights of D. P alleged that the minor child was an abused and neglected child. This child was 9 months old and had been admitted to Memorial Mission Hospital on February 23, 1998, for failure to thrive. The child weighed only a little over 12 pounds; she was below the 5th percentile for her age; and, presented as a typical 3-month old instead of 9 months old. The child could not sit up independently, would not attempt to push herself up if lying on her stomach, had difficulty grasping objects, and she continually held her arms in an upright position at a 90-degree angle. The cause was D's failure to provide proper care. The hospital staff was concerned about D's behaviors. D was never willing to discuss or acknowledge that the child was starving to death at the time the child was admitted to the hospital. D testified at this hearing that the minor child was fine, healthy, happy, well fed, and reaching all her developmental milestones until D visited her sister. P attempted to rehabilitate D. D made no progress. D has no insight as to the reason that P became involved in this case and still lacks any understanding of the seriousness of the child's condition in February 1998. D was diagnosed with a personality disorder. From interactions with local personnel of DSS, it was clear that D was unable to care for the child. The court found clear and convincing evidence to terminate the parental rights of D. The court ordered the termination of D's parental rights. D appealed.

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