County officials filed a petition regarding three children of James McIlveene. After a state court held that the children were deprived, the county agency sought to change the plan for the children to non-reunification. That request was granted and upheld on appeal.

One basis for the decision was that "the two youngest children also suffer from fetal alcohol effect and require special treatment that McIlveene will not be able to provide." 512 S.E. 2d at 398.