In re N.T., 289 N.C. App. 149 (2023)
Held:
Affirmed
- Facts: The children were adjudicated neglected after the one month old was admitted to the hospital with an unexplained skull fracture resulting from non-accidental means, blunt force trauma, while in the sole care of the parents. The children were placed with the grandparents throughout the case. Mother’s explanation for the injuries was trauma at birth. Father’s explanation was an accidental car seat incident where the infant fell out of the car seat. Neither explanation was supported by the medical evidence. After determining the parents did not correct the conditions the led to the children’s adjudication/removal from home, it entered a permanency planning order that eliminated reunification, concluded the parents were unfit/acted inconsistently with their parental rights, and awarded guardianship to the grandparents. Both parents appeal.
- A court considers an order that eliminates reunification for an abuse of discretion. The standard is the child’s best interests.
- The trial court made the required findings under G.S. 7B-906.2(b) and (d) that were based on competent evidence from social worker, GAL, respondent’s and grandfather’s testimony as well as reports from the DSS, GAL, mother, and each parent’s therapist.
- The conclusion that the parents were unfit and acted inconsistently with their constitutional rights were supported by the findings, which were supported clear and convincing evidence. The findings included the cause and circumstances of the child’s injuries remain unknown and unaddressed; neither parent thinks therapy is beneficial; neither parent’s therapy focuses on the circumstances surrounding the infant’s injuries, adequate steps to ensure the children’s safety have not been made.
- The guardianship order was based on the children’s best interests, which was not an abuse of discretion.
Category:
Abuse, Neglect, DependencyStage:
Cease ReunificationTopic:
Findings of Fact