In re: C.B. & S.B.

783 S.E.2d 206, 245 N.C. App. 197, 2016 N.C. App. LEXIS 132
CourtCourt of Appeals of North Carolina
DecidedFebruary 2, 2016
Docket15-724
StatusPublished
Cited by20 cases

This text of 783 S.E.2d 206 (In re: C.B. & S.B.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re: C.B. & S.B., 783 S.E.2d 206, 245 N.C. App. 197, 2016 N.C. App. LEXIS 132 (N.C. Ct. App. 2016).

Opinions

McGEE, Chief Judge.

*198Appeal by Respondent-Mother ("Mother") from adjudication and disposition orders, adjudicating C.B. neglected and S.B. neglected and dependent, and continuing custody of S.B. with DSS. We affirm.

I. Procedural Background

C.B. and S.B. are twin sisters and were ten years old when the Buncombe County Department of Social Services ("DSS") filed the juvenile petitions in the present case. The petitions alleged that C.B. was a neglected juvenile and that S.B. was a neglected and dependent juvenile. The trial court entered an order awarding nonsecure custody of S.B. to DSS on 27 May 2014. The trial court held an adjudication hearing *199("the hearing") on 18 December 2014 and entered orders on 13 February 2015 adjudicating C.B. as a neglected juvenile and S.B. as a neglected and dependent juvenile. The trial court held a disposition hearing on 12 February 2015 and entered orders on 26 March 2015 continuing custody of C.B. with her mother under the supervision of DSS and continuing custody of S.B. with DSS. Mother appeals.

II. Factual Challenges

A. Standard of Review

Appellate review of an adjudication order is limited to determining "(1) whether the findings of fact are supported by clear and convincing evidence, and (2) whether the legal conclusions are supported by the findings of fact." In re Pittman, 149 N.C.App. 756, 763-64, 561 S.E.2d 560, 566 (2002) (citation and quotation marks omitted). If the appellate court makes these determinations in the affirmative, it must uphold the trial court's decision, "even where some evidence supports contrary findings." Id. at 764, 561 S.E.2d at 566. "It is not the role of this Court to substitute its judgment for that of the trial court." Scott v. Scott, 157 N.C.App. 382, 388, 579 S.E.2d 431, 435 (2003). Unchallenged findings are binding on appeal. In re C.B., 180 N.C.App. 221, 223, 636 S.E.2d 336, 337 (2006), aff'd, 361 N.C. 345, 643 S.E.2d 587 (2007). Moreover, "erroneous findings unnecessary to the determination do not constitute reversible error" where an adjudication is supported by sufficient additional findings *209grounded in clear and convincing evidence. In re T.M., 180 N.C.App. 539, 547, 638 S.E.2d 236, 240 (2006).

B. Unchallenged Findings

Mother brings numerous challenges to the findings of fact in the adjudication orders as to C.B. and S.B. The following unchallenged findings of fact are pertinent to an understanding of Mother's arguments on appeal:1

13. On [15 March] 2014, [DSS] received a report that alleged the following: that [Mother] slaps [S.B.] and calls her degrading names. The report further alleged that [S.B.] has extreme behavior problems, including punching herself.
...
*20015. The report was screened in and assigned to social worker ... Amanda Wallace [ ("Ms. Wallace") ].
...
18. [Ms.] Wallace testified that [S.B.] had been hospitalized at Copestone [psychiatric hospital] on five (5) occasions, as specified below. [S.B.'s] therapist recommended intensive in-home services for [S.B.], upon discharge. [Mother] was aware of this recommendation but did not comply. [Mother] felt that [S.B.'s] issues could be handled at home and that all [S.B.] needed was "someone to talk to". On [17 March] 2014, [Mother] told [Ms.] Wallace that she had cancelled an appointment with Access Family Services, for an assessment for outpatient services for [S.B.], because she "didn't get a good vibe" from her conversation with the provider. [Mother] committed to finding another provider for these services, but ultimately failed to do so.
19. After the initial interview with [Mother], [DSS] received a new report that alleged that [S.B.] had a "blow up" at a local Ingles and was admitted to Copestone for evaluation. She was released from Copestone on [9 April] 2014, only to be readmitted later that day, after she ran from her mother, climbed up a tree, and refused to come down. The Asheville City Fire Department and Asheville City Police, responded and plucked [S.B.] from the tree, at which point she assaulted an Asheville City Police Officer by biting that officer. [S.B.] is ten years old.
...
21. On [21 April] 2014, [S.B.] was discharged from Copestone. However, immediately after she was discharged, [S.B.] had another outburst. She assaulted school staff and locked herself in a closet at school. After she was extracted from the closet, she was readmitted into Copestone. During this incident, [S.B.] reported that [Mother] was forcing her to take the wrong medication while at school.
...
*20126. A treatment team meeting with the hospital staff and [social worker Craig] Flores [ ("Mr. Flores") ] was scheduled for Monday, [19 May] 2014. The team was developing a plan for [S.B.] to be discharged from the hospital and was exploring a more appropriate placement for [S.B.'s] discharge. [Mother] was aware of this meeting and had agreed to attend. However, [Mother] later refused to attend that meeting. At that time the discharge plan for [S.B.] was that she was to be released to a Psychiatric Residential Treatment Facility (PRTF) upon her release from Copestone.
27. After the treatment team meeting, [Mr.] Flores went to [Mother's] home to see why she did not attend the meeting. [Mother] stated that she would not cooperate with the hospital or [DSS] to develop a discharge plan. [Mother] stated that [S.B.] only had a fever.

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Bluebook (online)
783 S.E.2d 206, 245 N.C. App. 197, 2016 N.C. App. LEXIS 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cb-sb-ncctapp-2016.