In re J.C.B., 233 N.C. App. 641 (2014)

Held: 
Dismissed in part
  • Respondent father has no standing to appeal the adjudication of the child named in the companion action as he is not a specified party enumerated in G.S. 7B-1002.
  • Respondent mother did not file a timely notice of appeal of the civil custody order. Although a court may infer an intent to appeal, the notice of appeal filed in the abuse, neglect, and dependency action did not reference the Chapter 50 order, so no intent could be inferred.  Writ of certiorari denied.
  • Facts: In a companion case, In re R.R.N., a child was adjudicated abused by the trial court based upon a finding that her caretaker, who is the respondent father in this action, abused her in his home while she was at a sleep over.  He appealed the adjudication of that child. In addition, three children reside in respondent father’s home: his child and his two nieces of whom he was a joint custodian. The three children who resided in his home were adjudicated neglected. The trial court initiated a Chapter 50 custody action and ordered custody of the nieces to their maternal grandmother. The respondent mother/custodian appealed the court’s adjudication and disposition without making a reference to the Chapter 50 order.

 

Category:
Abuse, Neglect, Dependency
Stage:
Appeal
Topic:
Standing
Tags:
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