In re P.G., ___ N.C. App. ___ (March 18, 2026)
Held:
Affirmed
- Facts: This case involves Mother’s appeal of the neglect adjudication of her three children. The neglect adjudication was based on Mother’s substance use while caring for the children, Mother’s untreated mental health issues, and domestic violence between Mother and Father. Specific incidents included law enforcement involvement when Mother was irritated and confused and ripped a phone from Father’s hands; Mother locking the social worker out of her home; and Mother being intoxicated while caring for the children. Additionally, after the petition was filed, Mother sent hundreds of offensive text messages to a social worker; had multiple attorneys withdraw; was escorted multiple times by law enforcement from Father’s home with the children present; and was arrested for trespassing and resisting a public officer at the DSS office. The adjudicatory hearing was continued when the trial court observed Mother appearing ‘passed out or asleep’ and again when Mother failed to appear. The trial court ordered a mistrial after the first adjudicatory hearing and the children were adjudicated neglected at the subsequent adjudicatory hearing. At disposition, the court ordered custody to Father, terminated jurisdiction in the 7B action and transferred the case to Chapter 50. Mother appeals, arguing the findings do not support the conclusion of neglect.
- Adjudication orders are reviewed to determine whether the adjudication is supported by adequate findings of fact which in turn are supported by clear and convincing evidence in the record. Conclusions of law are reviewed de novo.
- A neglected juvenile is one whose parent “[d]oes not provide proper care, supervision, or discipline” or “[c]reates or allows to be created a living environment that is injurious to the juvenile’s welfare.” G.S. 7B101(15). Appellate courts have “additionally required that there be some physical, mental, or emotional impairment of the juvenile or a substantial risk of such impairment as a consequence of the failure to provide proper care, supervision, or discipline in order to adjudicate a juvenile neglected.” Sl. Op. at 25 (citation omitted). The trial court “need not wait for actual harm to occur to the child if there is a substantial risk of harm to the child in the home.” Sl. Op. at 26 (citation omitted). Alcohol or substance use by the parent, exposure to acts of domestic violence and threatening behavior toward social workers and police officers, and mental health conditions of the parent can support an adjudication of neglect.
- The findings support the conclusion that the children are neglected juveniles. Supported findings show several instances of domestic violence between Mother and Father while the children were present. One of those incidents involved Mother trying to break into Father’s home and grabbing two of the children and taking them behind the house before returning them to Father. Another incident involved Mother locking the social worker out of the home, drinking alcohol, and in the presence of the children, yelling obscenities at Father, law enforcement and the social worker. Further, numerous findings demonstrate Mother’s refusal to engage in mental health treatment despite provider recommendations.
Category:
Abuse, Neglect, DependencyStage:
AdjudicationTopic:
Neglect