In re R.L., _ N.C. App. _ (June 3, 2026)

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Held:

Affirmed

Facts: Mom appeals an initial dispositional order relieving DSS of reunification efforts based on aggravating circumstances of chronic physical abuse. The 3-month-old infant experienced multiple different injuries. The court held an adjudication hearing immediately followed by a judicial review of placement on the RIL. A combined initial dispositional and permanency planning hearing was held at a later date. There, the court determined aggravated circumstances existed partially based on the adjudication and RIL orders. Mother appeals arguing that the court erred in taking judicial notice of the RIL orders when determining an aggravating factor existed and ceasing reunification efforts.
Mother waived the issue of the court’s taking judicial notice of the RIL orders for determining whether an aggravating factor existed to relieve DSS of making reasonable efforts at initial disposition. DSS requested the court take judicial notice of the RIL orders and the trial court responded it would do so. Neither mother nor father objected to the court taking judicial notice of those orders. Based on In re L.N.H., 382 N.C. 536 (2022), mother waived appellate review by not objecting.
The court may relieve DSS of making reasonable efforts for reunification at initial disposition if it makes a writing finding of an aggravating factor, which includes chronic physical abuse or any other act, practice, or conduct that increased the enormity or added to the injurious consequences of the abuse or neglect. G.S. 7B-901(c)(1)b., f. The standard of review is whether there is competent evidence to support the findings and whether the findings support the conclusion. Dispositional choices are reviewed for an abuse of discretion.
Some challenged findings of fact are based on reasonable inferences made by the evidence, credibility determinations, and the weight of the evidence, all of which are within the purview of the trial court. Other challenged findings are supported by the evidence.
Chronic abuse may consist of two incidents based on appellate precedent. Although the trial court took judicial notice of the definition of “chronic” that mother admitted in evidence, it was not bound to apply that definition. Even if it had applied that definition, unchallenged findings supported the chronic abuse finding.
Although a finding recited evidence, the court was identifying the source of evidence and made it clear that it resolved the factual issue when it found the child was chronically abused.
Relying on In re L.N.H., DSS does not have to argue for a particular G.S. 7B-901(c) basis to relieve it of making reunification efforts. “If the evidence supports findings under any subsection of Section 7B-901, the court may make those findings and reach the conclusion of law to cease reunification efforts based on that factor.” Sl. Op. at 17. Although DSS argued for the court to make a G.S. 7B-901(c)(1)f. factor, the court did not err by making findings of a G.S. 7B-901(c)(1)b. factor.
Aggravating circumstances under G.S. 7B-901(c) are findings of fact and not conclusions of law. They must be supported by the evidence. “A conclusion of law is reached ‘by an application of fixed rules and law.’ ” Sl. Op. at 21. The conclusion of law is reasonable efforts for reunification are not required.