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 neglected juvenile is one “whose parent, guardian, custodian, or caretaker . . . [d]oes not provide proper care, supervision, or discipline[,]” “[h]as abandoned the juvenile,” or “[c]reates or allows to be created a living environment that is injurious to the juvenile’s welfare.” G.S. 7B-101(15). Appellate courts have required there be some physical, mental or emotional impairment or a substantial risk of such impairment to support a neglect adjudication. “In determining whether a child is neglected based upon the abuse or neglect of a sibling, the trial court must assess whether there is a substantial risk of future abuse or neglect of a child based on the historical facts of the case.” Sl. Op. at 10 (citation omitted) (emphasis in original). Here, the trial court made no findings to show the children’s parents or caretaker did not provide proper care, supervision, or discipline, abandoned the children, or created or allowed the children to live in an injurious environment. The finding of the infant’s multiple bruises, standing alone, is insufficient to support a conclusion the infant was neglected. The finding that Mother and her husband led the children and placed them in DSS’s car does not show willful abandonment. The only findings as to the sibling included that she lived in the same home as the infant, was “emotionless” and “singing in the back seat” when DSS drove the children away from the home. The court made no findings as to the substantial risk of future abuse or neglect of the sibling based on the historical facts of the case as required to adjudicate a child as neglected based on the abuse of another child in the home. Adjudication of the sibling based on the unsupported abuse and neglect adjudication of the infant was erroneous.
- 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:
Neglect