In re A.B., ___ N.C. App. ___ (June 16, 2020)

Held: 
Affirmed
  • Facts: This opinion involves an appeal of juvenile adjudication order by the respondent mother.
  • Judicial Notice of Prior Orders (Nonsecure Custody): Mother challenges the finding of fact that she lacked an appropriate childcare arrangement (a prong for dependency) for lack of competent evidence. The finding was based on the court’s judicial notice of prior nonsecure custody orders.
  • This issue was not properly preserved for appeal. “A respondent’s failure to object ‘to the trial court’s taking judicial notice of [] underlying juvenile case files…waive[s] appellate review.’ ” Sl.Op. at 5 (citation omitted). At adjudication, DSS requested that the court take judicial notice of the nonsecure custody order. Mother did not object or make any argument that the judicial notice should be limited because of possible hearsay evidence being used at the nonsecure custody hearing where the Rules of Evidence do not apply.
Category:
Abuse, Neglect, Dependency
Stage:
Adjudication
Topic:
Evidence
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