The parents of five-year-old S. B. and six-year-old D. L. B. appeal from juvenile court orders terminating their parental rights and subsequent orders denying their motions for new trial. Specifically, the parents contend that the court lacked clear and convincing evidence to support its findings that deprivation was likely to continue and that continued deprivation would cause serious physical, mental or emotional harm to the children. The parents further assert that termination of their parental rights was not in the children’s best interests and that they received ineffective assistance of counsel. We granted the parents’ application for discretionary review, and, for the reasons explained below, we reverse.
The record shows that the mother and father have two children together out of wedlock, a daughter born in 2010 and a son born in 2009. The father was married to another, but he noted that he had been separated from his wife for 15 years and did not know her whereabouts so he could not divorce her. Although he never legitimated the children, he resided with the mother and children except when working in North Carolina to support them. DFACS became involved with the family in March 2011, when the Department substantiated allegations that the children had been neglected and were receiving inadequate food, clothing, shelter, and medical attention. The parents consented to court orders, entered on June 11, 2012, finding the children deprived but allowing them to remain in the parents’ custody under a protective order that required the parents, among other things, to maintain sufficient income, provide adequate food, keep housing free of animal urine and feces, make and keep necessary medical and dental appointments, and take parenting skills training. In the orders, the parents stipulated that conditions in the family home were unsanitary and unsafe: old food and dirty dishes were piled in the sink and on the counters, dog feces was located throughout the house, including in the children’s room, cigarette butts and piles of trash were located throughout the house, expired food remained in the refrigerator, and the house lacked electric power. Furthermore, the parents stipulated that they failed on many occasions to take the children to scheduled doctor appointments and that the pediatrician would no longer provide well-baby checks for the children. The court orders were set to expire on November 23, 2012, unless sooner terminated by court order.
