In re J.R., 243 N.C. App. 309 (2015)
Held:
Reversed
- The findings are not supported by competent evidence and also do not support the conclusion that the child was neglected.
- An adjudication of neglect requires that the failure to provide proper care, supervision, or discipline results in the child experiencing some physical, mental, or emotional impairment or substantial risk of such impairment. Neglect also requires a parent, guardian, custodian, or caretaker to engage in “either severe or dangerous conduct or a pattern of conduct either causing injury or potentially causing injury to the juvenile.”
- A court should look at the totality of the evidence when determining if the child is neglected. The mother’s lack of stable housing, causing frequent moves, did not impede her ability to care for and supervise her child nor did it expose her child to an environment injurious to his welfare. The child’s contact with his father at a public bus stop and on the public bus was also not neglect even though it was a violation of the safety agreement signed by both the respondent mother and father and a violation of the father’s probation resulting from his conviction of taking indecent liberties with a minor. There was no evidence that this single contact harmed the child or created a risk of harm to the child.
Category:
Abuse, Neglect, DependencyStage:
AdjudicationTopic:
Neglect