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.
- In determining dependency, the trial court must address the parent’s ability to provide care or supervision and the availability to the parent of alternative child care arrangements. Failure to address both prongs will result in reversal of the court.
- The findings do not support the conclusion of dependency. There were no evidentiary findings or conclusions regarding the mother’s ability to care for or to supervise the two older juveniles. The portion of the findings that were supported and described mother’s arguments with the 13-year-old do not show mother’s behavior as “wholly unable to parent.” There was no contrary evidence to mother’s testimony that she was willing and able to care for the two older juveniles and continue to parent the youngest juvenile. References to mother’s mental state are not supported by findings. Evidence does not support a finding that mother’s voluntary placement of the older juveniles with relatives was necessary or due to mother’s unwillingness or inability to parent, but rather related to mother witnessing traumatic events and being hospitalized following a car accident.
Category:
Abuse, Neglect, DependencyStage:
AdjudicationTopic:
Dependency