In re L.M., ___ N.C. App. ___ (November 19, 2025)
Held:
Affirmed
- Facts: Mother appeals a permanency planning order arguing the trial court abused its discretion in denying her motion to continue. At the hearing, Mother’s counsel motioned to continue based on Mother’s absence with no further reason offered. The trial court denied the motion and the hearing proceeded. The court ultimately entered an order eliminating reunification as a permanent plan for six of Mother’s children. Part of Mother’s argument on appeal is that her due process rights and right to effective assistance of counsel were violated when the court conducted the hearing in her absence.
- N.C. Rule of Appellate Procedure 10(a)(1) requires that to preserve an issue for appellate review, a party must have timely requested, objected, or motioned the trial court and stated specific grounds for the desired ruling if the grounds are not apparent from the context. Appellate precedent holds that a parent waives the argument that denial of their motion to continue violated their constitutional rights when nothing in the record indicates the motion was based on the need to protect the parent’s constitutional rights. A parent’s absence alone does not amount to a due process violation or make apparent the motion is based on constitutional grounds.
- Mother waived her constitutional arguments. Mother’s absence was the only reason offered by Mother’s counsel for the motion to continue. No further context was provided and nothing in the record indicates the motion was made to protect Mother’s constitutional rights to due process or effective counsel.
Category:
Abuse, Neglect, DependencyStage:
AppealTopic:
Preserve Issue