In re K.R., ___ N.C. App. ___ (May 20, 2026)
Held:
Affirmed
- Facts: At the neglect and dependency adjudication hearing, Mother moved to unseal hospital mental health records she had previously subpoenaed after DSS had rested its case. The trial court denied Mother’s motion. Mother appeals, arguing the trial court erred, violated her constitutional rights, and that exclusion of the evidence was prejudicial.
- When a constitutional argument is not preserved for appeal, appellate courts review a trial court’s ruling on the admissibility of evidence for an abuse of discretion.
- Rule 803(6) of the Rules of Evidence allows the admission of business records, including medical records, as an exception to the rule against the admission of hearsay evidence. Under Rule 45 of the Rules of Civil Procedure, “[c]opies of hospital medical records . . . shall not be open to inspection or copied by any person, except to the parties to the case or proceedings and their attorneys in depositions, until ordered published by the judge at the time of the hearing or trial.” Sl. Op. at 17, quoting N.C. R. Civ. P. 45(c)(2). The hospital records arrive at the clerks’ office and are sealed to protect confidentiality. A party must make a motion to unseal hospital records before moving for their admission into evidence in order to notify the court of their delivery and initiate necessary review, redaction, and protected distribution. After a trial court grants a party’s motion to unseal the records, the certified copies are then admissible without further certification or authentication unless otherwise objectionable.
- The trial court’s denial of Mother’s motion to unseal her medical records was not an abuse of discretion. Mother failed to raise a constitutional objection. Mother’s first and only request to unseal the records came mid-trial, after DSS had rested its case at adjudication. It was not unreasonable for the trial court to exclude the evidence when no party had an opportunity to review or redact the records.
Category:
Abuse, Neglect, DependencyStage:
Adjudicatory HearingTopic:
Evidence