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.
- A dependent juvenile is one whose “parent, guardian or custodian is unable to provide for the juvenile’s care or supervision and lacks an appropriate alternative child care arrangement.” G.S. 7B-101(9). Appellate courts have held that “a child cannot be adjudicated dependent where she has at least ‘a parent’ capable of [providing care or supervision or an appropriate alternative child care arrangement].” Sl. Op. at 7 (citation omitted) (emphasis in original). Where parents do not live in the same home, the trial court must make both findings as to both parents. Here, the children lived with Mother and her husband, a caretaker. Their Father was listed on the petition as “whereabouts unknown” on the petition, but Father was served, appeared and was represented at the hearing. The court recited the statutory definition of dependency in its findings and made no further findings regarding Mother or Father’s ability to provide care or supervision to the children or that Mother or Father lacked an alternative child care arrangement. Without these findings addressing both Mother and Father’s ability to provide care or supervision to the children and lack of alternative child care arrangement, the findings do not support the adjudication of either child as dependent.
- 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:
Dependency