In re L.C., ___ N.C. ___ (May 23, 2025)

Held: 
Reversed
There is a dissent
by Riggs, J.
  • Facts and procedural history: This case is on discretionary review from the court of appeals. Mother appealed the trial court’s order adjudicating the child at issue neglected. In Mother’s initial appeal, she challenged eight findings as unsupported by the evidence. The court of appeals vacated and remanded the adjudication order, holding the findings were insufficient to support the trial court’s conclusion of neglect. This summary addresses the supreme court’s review of the trial court’s lack of credibility determinations as to the evidence in its findings.
  • The trial court must resolve material disputes when making its findings, including determining the credibility of witness testimony. “[W]hen recited evidence is a statement against interest . . . we may assume that the trial court found it credible without the trial court expressly characterizing it as such.” Sl. Op. at 11 (referencing Rule 804(b)(3) of the Rules of Evidence providing that declarant statements against interest are exceptions to the rule against hearsay). Because this is a narrow exception to the rule, the best practice is to “err on the side of too much detail when making credibility determinations and written findings of fact.” Sl. Op. at 11, n.10.
  • The trial court did not err in reciting Mother’s testimony admitting to her use of controlled substances during her pregnancy in its findings of fact without stating whether it found the evidence credible. A reasonable woman would not admit to using illegal substances while pregnant unless she had done so. The trial court did not need to explicitly state it found Mother’s testimony credible based on the statement being against Mother’s interest.
  • Dissent: The court of appeals did not err in vacating and remanding the adjudication order based on insufficient findings. “The trial court cannot simply ‘describe testimony’ or ‘infer,’ and it is not the job of the appellate courts to reweigh the evidence afterwards.” Dissent at 18.
Category:
Abuse, Neglect, Dependency
Stage:
Adjudication
Topic:
Findings of Fact
Tags:
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recitation of testimony
statement against interest
credibility