In re A.J., 289 N.C. App. 632 (2023)
Stay granted
August 23, 2023 and dissolved September 7, 2023; writ of supersedeas granted September 8, 2023
Held:
Reversed and Remanded
- Facts: DSS filed juvenile petitions alleging three juveniles (ages four, 13, and 15) were neglected, and the two older juveniles were also dependent based on three incidents reported to DSS. The two older juveniles had been voluntarily residing with their maternal great aunt, while the younger juvenile resided with the mother. One incident alleged an altercation between the mother and the 13-year old, where the child refused to exit the car; mother attempted to remove the child from the car by her leg; the child locked herself in the car; the mother broke the car window to unlock the car, slapped and hit the juvenile with a belt, and choked and threatened to kill the child. A second incident alleged the mother choked the 13-year old and threw her out of the car. The third incident alleged the mother locked the 13-year old out of the house following an argument about transferring the juvenile’s school district; when a social worker arrived, law enforcement had handcuffed mother to calm her down, which was witnessed by the youngest juvenile who was visibly upset, while the juvenile sought safety at a neighbor’s. At the adjudicatory hearing and over mother’s objections, DSS presented testimony of two social workers who testified to statements purportedly made to them by the 13-year old, noticed by DSS as admissible under the residual hearsay exception Rule 803(24) but presented by DSS at hearing as admissible as a statement by a party opponent. The court allowed the child’s statements as an admission of a party. The three juveniles were adjudicated neglected and the two older juveniles were also adjudicated dependent. All three juveniles were placed into DSS custody. Mother appeals.
- “The court reviews an adjudication ‘to determine whether the trial court’s findings of fact are supported by clear and convincing competent evidence and whether the court’s findings, in turn, support its conclusions of law.’ “ Sl. Op. at 4. The reviewing court disregards findings which lack sufficient evidentiary support and examines whether the remaining findings support the court’s conclusions.
- To admit hearsay under the residual exception, the trial court must conduct a six-part inquiry consisting of whether proper notice was sent; whether the hearsay statement is not covered elsewhere, possesses circumstantial guarantees of trustworthiness, is material, and is more probative then other evidence that can be procured by reasonable efforts; and whether the interests of justice will be served by its admission. The court must make findings reflecting its inquiry. Sl. Op. at 7. No findings were made at the hearing or in the order addressing this required six-part inquiry, and therefore, the juvenile’s statements were not properly admitted under the residual hearsay exception and should have been excluded upon mother’s objection.
- A statement of a party opponent must be offered against the party and be the party’s own statement. Rule 801(d). While parents are party opponents to the petitioner (DSS) in abuse, neglect, dependency actions, the juvenile is not a party to the case, and therefore, her statements do not fall under any of the Rule 801(d) exceptions for statements of a party opponent and were inadmissible.
- Author’s Note: The opinion does not address G.S. 7B-401.1(f) and 7B-601(a), which state a juvenile is a party to the action and does not discuss whether a juvenile is a party opponent to the petitioner (DSS) or any other party in the action.
- “We disregard the challenged findings, or portions thereof, which rely upon [the juvenile’s] inadmissible hearsay statements or those which are otherwise unsupported.” Sl. Op. at 9.
- As the majority of the evidence supporting the allegations in the petition were based upon the juvenile’s statements, absent the inadmissible hearsay evidence from the social workers’ testimony, the conclusions of neglect and dependency are unsupported by the remaining findings of fact. The erroneous admission of hearsay and other unsupported testimony prejudiced mother.
Category:
Abuse, Neglect, DependencyStage:
AdjudicationTopic:
Evidence