In re C.R.B., 245 N.C. App. 65 (2016)

  • Over respondent mother’s hearsay objection, the DSS social worker testified to events based upon a DSS report that included information about the case prior to this specific social worker’s involvement with the family. Findings of fact to support the court’s conclusion that the mother willfully left the children in foster care for more than 12 months without showing reasonable progress to correct the conditions that led to the children’s removal (G.S. 7B-1111(a)(2)) were based on the social worker’s testimony.  That testimony relied in part on the DSS report. The testimony was not hearsay as it fell under the business record exception to hearsay codified at  G.S. 8C-1, Rule 803(6).
  • At hearing, a foundation for the business record exception must be made by a person familiar with the records and system under which the business record is made but is not required to be authenticated by the person who made the actual business record. The social worker testimony satisfied the foundation requirement for the business record exception. Her testimony regarding what was in the record was admissible.


Termination of Parental Rights
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