In re L.B., ___ N.C. App. ___ (November 19, 2024)
Held:
Vacated and Remanded
- Facts: Mother appeals the adjudication of her infant son as abused, neglected and dependent and her two-year old daughter as neglected and dependent. Both children live in the home with Mother and Mother’s husband who is not the biological father of the children. DSS filed the juvenile petitions and obtained nonsecure custody of the children following the infant sustaining bruising on his head, neck, back and stomach and a prior history with DSS. Mother and her husband did not seek medical attention for the injuries. Mother claimed the bruising occurred at daycare. The children were adjudicated and the court ordered continued custody with DSS at initial disposition. Mother argues the findings are insufficient to support the adjudications.
- A reviewing court determines whether the findings are supported by clear and convincing evidence and whether the findings support the conclusions of law. Conclusions of law are reviewed de novo.
- An abused juvenile is one “whose parent, guardian, custodian, or caretaker . . . [i]nflicts or allows to be inflicted upon the juvenile serious physical injury by other than accidental means” or “[c]reates or allows to be created a substantial risk of serious physical injury to the juvenile by other than accidental means.” G.S. 7B-101(1). Appellate courts have upheld abuse adjudications where a child suffered unexplained, non-accidental injuries and “clear and convincing evidence supported the inference that the respondent-parents inflicted the child’s injuries or allowed them to be inflicted.” Sl. Op. at 4 (citation omitted) (emphasis in original). No finding of a pattern of abuse or the presence of risk factors is required. Here, the findings of fact that the infant suffered multiple bruises are insufficient to support the inference that respondent-parents inflected or allowed the injuries. There were no findings made as to the severity of the bruises or whether they were sustained by non-accidental means. The court found that Mother and her husband claimed that the bruises were on the infant when they picked him up from daycare but the court made no findings as to the credibility of their statements. The court erred in adjudicating the infant abused.
- The court vacated and remanded the adjudication and disposition orders over Mother’s argument that the petitions must be dismissed. The court held that the record contains evidence that could support the adjudications and therefore dismissal is not required. The court pointed to evidence that Mother and her husband continued to take the infant to the daycare where he sustained the injuries without any reasonable explanation as to why they would continue to subject the child to a potentially injurious environment.
Category:
Abuse, Neglect, DependencyStage:
AdjudicationTopic:
Abuse