In re J.A.M., 370 N.C. 464 (2018)

Reversed and Remanded

to court of appeals for reconsideration and proper application of standard of review regarding findings. See In re J.A.M., ___ N.C. App. ___, 816 S.E.2d 901 (2018) for that decision.

  • Procedural History:  The court of appeals reversed a neglect adjudication, after holding the findings of fact did not support the conclusion of law that the child was a neglected juvenile. In reviewing one challenged finding of fact -- that the mother did not acknowledge her role in the termination of her parental rights to her other children --  the court of appeals held that the finding was unsupported by clear and convincing evidence after it looked to the mother’s testimony and determined that her testimony contradicted the trial court’s finding.
  • In an appeal of an abuse, neglect, or dependency adjudication, the standard of review requires the appellate court to “deem conclusive” a trial court’s findings of fact that are supported by clear and convincing competent evidence even when some evidence supports a contrary finding. Although respondent mother’s testimony “vaguely acknowledged ‘making bad decisions’ and ‘bad choices’ in the past,” she also testified that she did not have a role in another one of her children’s injuries and that she felt that her rights to her other children were unjustly terminated. The trial court’s finding that respondent mother failed to acknowledge her role in her other children’s placement in DSS custody and subsequent termination of her parental rights to those children was supported by clear and convincing evidence.
Abuse, Neglect, Dependency
Findings of Fact
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