In re A.J.L.H., 384 N.C. 45 (2023)
Held:
Reversed and Remanded
There is a dissent
in part, concur in part by Earls, J. joined by Morgan, J.
- Facts: This action involves three children, where the appellant is the stepfather to the two older children and the biological father of the youngest child. The children share the same mother. DSS filed a petition based on the repeated use of corporal punishment with a belt that caused bruising and marks on the oldest child, who was 9 years old, as well as a requirement to stand in the corner for hours at a time and to sleep on the floor. The parents did not believe their disciplinary methods were cruel or unusual. The petition alleged the oldest child was abused and neglected and the younger siblings were neglected. After hearing, the children were adjudicated and the parents were denied visitation. The parents appealed, challenging the adjudications and denial of visitation. The court of appeals vacated and remanded the adjudications of neglect for one juvenile, ordered the trial court to dismiss the adjudications of the siblings, and ordered at disposition, if the older juvenile was adjudicated to order general and increasing visitation with the mother. The supreme court granted a petition for discretionary review.
- “The instruction to the trial court [on disposition] is improper and beyond the role of an appellate court.… The assessment of the juvenile’s best interests concerning visitation is left to the sound discretion of the trial court” that is reviewed for an abuse of discretion. Sl.Op. at 17. When there is an abuse of discretion, the remedy is to vacate the disposition order and to “express no opinion as to the ultimate result of the best interests determination on remand, as that decision must be made by the trial court.” Sl.Op. at 17.
Category:
Abuse, Neglect, DependencyStage:
VisitationTopic:
Order