In re A.J., ___ N.C. App. ___ (September 16, 2026)
Held:
Affirmed
- Facts and procedural history: Mother appeals an order adjudicating her three children as neglected and two of the children as dependent following remand from the supreme court, 289 N.C. 409 (2024), summarized here. The initial adjudication was based on three reported incidents between Mother and one of the older children: one where Mother broke a car window to unlock the car when the child locked herself in and hitting the child with a belt; one where Mother choked the child and threw her out of the car; and one where Mother locked the child out of the house following an argument where the child sought safety at a neighbor’s and the police were called. Social worker testimony described concerns for Mother’s behavior surrounding the incidents and during attempted contacts to work out a case plan where Mother was angry, cursed at them, and was resentful of family who communicated with DSS. The court of appeals, and upon discretionary review, the supreme court, disregarded some of the trial court’s findings that were based on inadmissible hearsay consisting of statements made by the child to social workers, many relating to the second incident, and held the unsupported findings were insufficient to conclude the children neglected and the two older children dependent. The supreme court vacated and remanded the order to the trial court to enter a new order on the existing record or conduct further necessary proceedings in its discretion. On remand to the trial court, Mother moved for a new hearing based on the supreme court’s opinion and alleging the trial judge had previously recused himself and could not rule on the current matter. The trial court denied the motions and entered a new order with new findings and conclusions based on the prior adjudication hearing. On appeal from the new adjudication order, Mother argues that the trial judge recused himself from the case and therefore the new order must be vacated, and in the alternative, the findings are not supported by the evidence such that the adjudication of neglect is unsupported.
- Appellate courts review neglect and dependency adjudication orders “to determine whether the findings of fact are supported by clear and convincing evidence and whether the legal conclusions are supported by the findings of fact.” Sl. Op. at 5 (citation omitted). The trial court determines the weight of the evidence and the reasonable inferences to be drawn from the evidence.
- Eleven challenged findings are the trial court’s inferences, including that Mother’s behavior during the reported incidents were due to anger, Mother appeared unstable, and that Mother exhibited extremely hostile and aggressive behavior. The findings are supported by evidence in the record of social workers’ interactions with Mother surrounding the incidents as well as their contacts with Mother when communicating about her case plan. Other challenged findings were supported by record evidence, including social worker’s and Mother’s testimony.
- “A neglected juvenile is one whose ‘parent . . . does not provide proper care, supervision, or discipline . . . or creates or allows to be created a living environment that is injurious to the juvenile’s welfare.’ ” Sl. Op. at 7, quoting G.S. 7B-101(15). Appellate courts have required finding “some physical, mental, or emotional impairment of the juvenile or substantial risk of such impairment as a consequence of the failure to provide proper care, supervision, or discipline.” Sl. Op. at 7.
- The unchallenged findings together with the supported challenged findings are sufficient to support the trial court’s adjudication of the children as neglected juveniles. Findings include a physical altercation between Mother and one of the children resulting in photographed marks on the child, one instance of Mother exhibiting hostile and aggressive behavior after an argument with the child such that Mother was placed in handcuffs by the police, and that the younger child was present for at least two of the reported incidents. Mother has shown aggression to social workers and family members caring for the two older children, threatened one of the older children of placement in a group home rather than with relatives, and had not completed a mental health assessment at the time of the hearing. The trial court’s inferences demonstrate its ultimate finding that the juveniles are neglected and Mother created an injurious living environment through repeated actions that put the children in potentially harmful situations and failed to address or correct her behavior.
Category:
Abuse, Neglect, DependencyStage:
AdjudicationTopic:
Neglect