In re T.C., ___ N.C. App. ___ (July 2, 2025)
Held:
Vacated and Remanded
- Facts: Mother appeals the adjudication of Mother and Father’s two children as abused and neglected. At the adjudication hearing Father stipulated to twenty-three allegations, the majority of which concerned Mother’s alleged conduct giving rise to the petitions. The stipulation was signed by Father, Father’s counsel, DSS and the GAL. Mother did not sign the stipulation and her attorney objected to the stipulation and expressed Mother’s desire to present evidence on the merits of the case. DSS argued the stipulation was sufficient to prove the facts for adjudication, over Mother’s objection, since Father had knowledge of the facts alleged. The court accepted the stipulation, noted Mother’s objection, and concluded the children were abused and neglected based solely on the stipulation. After disposition, where the court granted Father sole custody of the children and converted the matter into a GS Chapter 50 custody order, Mother appealed.
- Appellate courts review abuse and neglect adjudications to determine “whether the trial court’s findings of fact are supported by ‘clear and convincing evidence.’ ” Sl. Op. at 11 (citation omitted). The findings must then “support the trial court’s conclusion[s] of law.” Sl. Op. at 11 (citation omitted). Conclusions of law are reviewed de novo.
- G.S. 7B-807 “allows factual stipulations made by a party to be used in support of an adjudication.” Sl. Op. at 12 (citation omitted). “A record of specific stipulated adjudicatory facts shall be made by either reducing the facts to a writing, signed by each party stipulating to them and submitted to the court; or by reading the facts into the record, followed by an oral statement of agreement from each party stipulating to them.” G.S. 7B-807(a). “[A] stipulation by one respondent parent may not bind another respondent parent who is not a party to the stipulation and objects to its use.” Sl. Op. at 13 (adopting the reasoning stated in In re E.P.-L.M., 272 N.C. App. 585, 605 (2020) (Murphy, J. concurring), holding that “[s]tipulations do not extend beyond what was agreed to, and do not extend to parties who did not agree to them either.”)
- The trial court’s findings of fact are not supported by clear and convincing evidence and therefore its conclusions of law are not supported. Mother did not agree to or sign the stipulation, specifically objected to the trial court accepting the stipulation as evidence, and argued to present evidence on the merits of the case. The trial court’s findings recite the stipulated facts concerning Mother’s conduct alleged in the petitions. The trial court received no other evidence at the adjudication hearing. The stipulation did not extend to Mother and therefore was not competent evidence to establish the findings of fact. Adopting the statement from the concurring opinion in In re E.P.-L.M., the court of appeals held that “[u]sing the ‘stipulation’ here as evidence against Mother despite her not being a party to it was improper, and the trial court erred in considering the ‘stipulation’ as evidence against her.” Sl. Op. at 17, citing In re E.P.-L.M., 272 N.C. App. at 608.
- Arguments that Mother did not preserve the issue are “entirely unsupported and border on frivolous” and are unappreciated. Sl. Op. at 9.
- The adjudication and disposition orders are vacated and the matter is remanded to the trial court to hold an adjudicatory hearing where the parties can present evidence regarding the allegations in the petitions.
Category:
Abuse, Neglect, DependencyStage:
AdjudicationTopic:
Evidence