In re M.M., ___ N.C. App. ___ (December 19, 2023)

Held: 
Affirmed
  • Facts: DSS filed a petition alleging five children were abused and neglected based on circumstances that were created in part by the parents’ high conflict separation. DSS filed a supplemental petition in August 2021 alleging Father sexually abused four of the five children. All five children were adjudicated abused and neglected. Father appeals, challenging the court’s subject matter jurisdiction to find any of the children abused based on emotional abuse, arguing DSS had not alleged emotional abuse in either of the petitions.
  • “Whether a trial court possesses subject matter jurisdiction is a question of law” and reviewed de novo. Sl. Op. at 4 (citation omitted).
  • The petition is the pleading in an abuse, neglect, or dependency case. G.S. 7B-401. “The petition must contain ‘allegations of facts sufficient to invoke jurisdiction over the juvenile.’ ” Sl. Op. at 4 (citation omitted). “[I]f the specific factual allegations of the petition are sufficient to put the respondent on notice as to each alleged ground for adjudication, the petition will be adequate.” Sl. Op. at 4 (citation omitted).
  • G.S. 7B-101(1)(e) defines an abused juvenile to include any juvenile whose parent, guardian, custodian, or caretaker “creates or allows to be created serious emotional damage to the juvenile.”
  • The trial court did not lack subject matter jurisdiction to adjudicate emotional abuse. Although DSS did not check the box under abused juvenile that stated that the parent “has created or allowed to be created serious emotional damage to the juvenile,” DSS checked the box on both petitions to indicate it was alleging that the children were abused and attached additional pages to the juvenile petitions detailing the facts supporting the allegations. These facts included concerns about the children’s emotional well-being because of the custody fight and dad’s coaching the children and making false reports about mother as well as stating the children seemed withdrawn, sad, depressed, and without affect. These allegations were “sufficient to put the respondent on notice as to each alleged ground for adjudication.” Sl. Op. at 7 (citation omitted).
Category:
Abuse, Neglect, Dependency
Stage:
Subject Matter Jurisdiction
Topic:
Sufficient Notice
Tags:
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notice
emotional abuse