In re K.B., ___ N.C. App. ___, 801 S.E.2d 160 (2017)

Held: 
Affirmed

 

  • Findings and Conclusions
    • Review of a court’s adjudication order is based on whether the findings of fact are supported by clear and convincing evidence and whether the legal conclusions are supported by the findings. The trial court’s findings are binding if evidence exists to support the finding even if evidence supports a contrary finding. Unchallenged findings are binding on appeal.

 

  • Neglect: GS 7B-101(15) defines a neglected juvenile as one who does not receive proper care, supervision, or discipline from a parent….or who is not provided necessary medical care… or who lives in an environment injurious to his welfare.
    • The conclusion of neglect was supported by the findings that respondent failed to follow the child’s discharge recommendations to obtain a psychiatrist for the child and that the child’s Rx lapsed for almost two weeks because the child did not have a doctor to refill the Rx. These findings were based on testimony of the social worker and expert. Additional findings were that the respondents did not provide proper supervision or correct discipline to address the child’s emotional needs and behavior issues given the pattern of injuries he suffered over time that required more supervision and hypervigilance. 
Category:
Abuse, Neglect, Dependency
Stage:
Adjudication
Topic:
Neglect
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