In re K.B., 253 N.C. App. 423 (2017)

  • The court adjudicates “the existence or nonexistence of any of the conditions alleged in a petition” (GS 7B-802) and “if the court finds… that allegations in the petition have been proven by clear and convincing evidence, the court shall so state” in its written order (GS 7B-807). Factual allegations may be included in an attachment to a form petition (citing In re D.C., 183 N.C. App. 344 (2007).
  • Although the box on the form petition identifying the condition of dependency was not checked, the factual allegations attached to the petition were sufficient to put the respondent mother on notice of the alleged ground of dependency. The alleged facts included statements that identified specific injuries to the child, the child’s mental health diagnosis and medication, that “the legal custodian was unable to provide an alternative placement resource for the child”, and “the legal custodian failed to provide proper supervision” after the child was left home and sustained injuries. The factual allegations encompass the language reflected in GS 7B-101(9) which defines dependency: the failure to provide for the child’s care or supervision and the lack of an appropriate alternative child care arrangement.
  • Additionally, the court’s order entering stipulations for adjudication started with a statement that the petition alleges abuse, neglect, and dependency, which shows the respondent mother had adequate notice that dependency would be at issue for adjudication.
Abuse, Neglect, Dependency
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