In re Q.A., 245 N.C. App. 71 (2016)
Held:
Remanded
Reversed in Part
Vacated in Part
- Neglect is based on the circumstances and conditions surrounding a child, not the fault of a parent. When five siblings are subjected to the same circumstances (lack of plumbing, electricity, food, and a home while in the care of their grandmother), they are all living in an injurious environment and are neglected. The court erred in adjudicating two siblings neglected (mother unavailable and father incarcerated) but dismissed the action as to the other three siblings because placement with their father was an option.
- Disposition is required after an adjudication. Availability of parent is factor to consider at disposition when determining placement and continued jurisdiction in juvenile action.
Category:
Abuse, Neglect, DependencyStage:
AdjudicationTopic:
Neglect