An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
IN THE COURT OF APPEALS OF NORTH CAROLINA
No. COA25-959
Filed 17 June 2026
Person County, Nos. 25JA000001-720; 25JA000003-720
IN THE MATTER OF: C.C. AND M.C.
Appeal by respondent-father from order entered 14 July 2025 by Judge S.
Katherine Burnette in Person County District Court. Heard in the Court of Appeals
2 June 2026.
Ewing Law Firm, P.C. by Robert W. Ewing for respondent-appellant father.
Thomas L. Fitzgerald for petitioner-appellee Person County Department of Social Services.
Winston & Strawn LLP, by Stacie C. Knight, for Guardian ad Litem.
DILLON, Chief Judge.
Respondent-Father (“Father”) appeals from an adjudication and disposition
order as to his biological children Chris and Mary.1 On appeal, Father argues the
trial court erred in eliminating reunification efforts with Chris, contending the trial
court’s findings of fact were insufficient to support the aggravated statutory
1 Stipulated pseudonym. N.C. R. App. P. 42. IN RE: C.C. AND M.C.
Opinion of the Court
circumstances or were not, otherwise, supported by competent evidence. We vacate
the order and remand for more findings.
I. Background
Father appeals the trial court’s adjudication and disposition order as to his
biological children, Chris and Mary, but only argues the trial court erred as to Chris.
Respondent-Mother (“Mother”) is the biological mother of both Chris and Mary and
was a party to the trial court proceedings, but she does not appeal and has filed no
brief.
Father and Mother are married and Father is the stepfather and caretaker of
C.C. and F.C. Father’s and Mother’s history with Person County Department of
Social Services (“DSS”) began in 2018 and continues to this present appeal. On 3
February 2025, DSS received a report alleging an injurious living environment and
substance use in the parents’ home which prompted DSS to file juvenile petitions,
relevant here, as to Chris and Mary. DSS obtained non-secure custody of Chris,
Mary, C.C., and F.C.
DSS drug screened the four juveniles seven days after taking non-secure
custody. Each child’s hair sample tested positive for cocaine. Chris and Mary
currently reside with their paternal grandparents.
At the adjudication and disposition hearing, Father and Mother stipulated that
Chris and Mary were abused and neglected juveniles. Father visited weekly with
Chris, Mary, and F.C. upon the juveniles coming into DSS custody. DSS established
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a reunification plan with Father. At the adjudication and disposition hearing,
however, a social worker testified she preferred reunification efforts with Father to
cease with a primary plan of adoption and a secondary plan of guardianship. The
juveniles’ guardian ad litem (“GAL”) testified to the same.
A social work expert (“Expert”) testified at trial the three oldest children (not
Chris) should not be returned to live with Father or Mother. The Expert did not meet
with Chris due to him not being enrolled in school and thus did not make a
recommendation as to his return to Father or Mother.
At the conclusion of the hearing, the trial court concluded aggravated
circumstances pursuant to G.S. 7B-901(c) existed prompting the trial court to cease
reunification efforts for Father as to Chris and Mary. The trial court also suspended
Father’s visitation. The trial court entered a permanent plan of adoption with a
secondary plan of guardianship. Father appeals as to Chris only.
II. Analysis
Father presents one argument on appeal. We address it below.
The standard of review for a trial court’s dispositional choice, including the
decision to eliminate reunification from a juvenile’s permanent plan, is reviewed for
an abuse of discretion. In re J.M., 384 N.C. 584, 591 (2023) (citation omitted).
The Juvenile Code divides abuse, neglect, and dependency (“AND”)
proceedings into an adjudicatory and a dispositional phase. Id. at 592. When the
trial court adjudicates a juvenile abused, neglected, or dependent the AND proceeding
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continues to the dispositional phase to curate a plan for the needs of the juvenile.
N.C.G.S. § 7B-900. The dispositional phase has no burden of proof rather it requires
“sufficient evidence be presented to the trial court so that it can determine what is in
the best interests of the child.” In re J.M., 384 N.C. at 592 (citing In re Shue, 311
N.C. 586, 597 (1984)). When, like in this case, the court removes juveniles from the
parents’ care, the statutory provisions for permanency planning apply. In re J.M.,
384 N.C. at 593.
The trial court’s permanent plan must contain a primary and secondary plan.
N.C.G.S. § 7B-906.2(b). Reunification may be part of a primary or secondary plan.
Id. at § 7B-906.2(a). The trial court, however, is not required to pursue reunification
when it makes written findings of fact that aggravated statutory circumstances are
present pursuant to G.S. 7B-901(c). See id. at § 7B-906.2(b). The trial court’s G.S.
7B-901(c) written findings do not have to track the statutory language verbatim, but
they “must make clear that the trial court considered the evidence in light of whether
reunification would be [clearly unsuccessful] or would be inconsistent with the
juvenile's health, safety, and need for a safe, permanent home within a reasonable
period of time.” In re J.M., 384 N.C. at 594 (citing In re H.A.J., 377 N.C. 43, 49
(2021)).
The relevant statute states: “A court of competent jurisdiction determines or
has determined that aggravated circumstances exist because the parent has
committed or encouraged the commission of, or allowed the continuation of, any of
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the following upon the juvenile:” “[s]exual abuse”; “[c]hronic physical or emotional
abuse”; “[t]orture”; “[a]bandonment”; “[c]hronic or toxic exposure to alcohol or
controlled substances that causes impairment of or addiction to the juvenile”; “[a]ny
other act, practice, or conduct that increased the enormity or added to the injurious
consequences of the abuse or neglect.” N.C.G.S. § 7B-901(c)(1) (emphasis added).
Cessation of reunification efforts may also be made pursuant to G.S. 7B-901(c)(2)-(3).
General Statute 7B-901(c)(1) permits the cessation of reunification efforts
when just one circumstance is present. See id. §7B-901(c) (stating reunification “shall
not be required if the court makes written findings of fact pertaining to any of the
following” (emphasis added)); see In re L.N.H., 382 N.C. 536, 546 (2022) (citation
omitted) (stating the trial court must make a written finding as to one circumstance
in G.S. 7B-901(c) before eliminating reunification). An order ceasing reunification at
the initial disposition does not necessarily eliminate reunification as a permanent
plan. See, e.g., In re C.S.L.B., C.P.R.B., S.C.R.B, 254 N.C. App. 395, 397 (2017)
(“Respondent-mother conflates removing reunification as a permanent plan for the
children with ceasing reunification efforts.”)
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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
IN THE COURT OF APPEALS OF NORTH CAROLINA
No. COA25-959
Filed 17 June 2026
Person County, Nos. 25JA000001-720; 25JA000003-720
IN THE MATTER OF: C.C. AND M.C.
Appeal by respondent-father from order entered 14 July 2025 by Judge S.
Katherine Burnette in Person County District Court. Heard in the Court of Appeals
2 June 2026.
Ewing Law Firm, P.C. by Robert W. Ewing for respondent-appellant father.
Thomas L. Fitzgerald for petitioner-appellee Person County Department of Social Services.
Winston & Strawn LLP, by Stacie C. Knight, for Guardian ad Litem.
DILLON, Chief Judge.
Respondent-Father (“Father”) appeals from an adjudication and disposition
order as to his biological children Chris and Mary.1 On appeal, Father argues the
trial court erred in eliminating reunification efforts with Chris, contending the trial
court’s findings of fact were insufficient to support the aggravated statutory
1 Stipulated pseudonym. N.C. R. App. P. 42. IN RE: C.C. AND M.C.
Opinion of the Court
circumstances or were not, otherwise, supported by competent evidence. We vacate
the order and remand for more findings.
I. Background
Father appeals the trial court’s adjudication and disposition order as to his
biological children, Chris and Mary, but only argues the trial court erred as to Chris.
Respondent-Mother (“Mother”) is the biological mother of both Chris and Mary and
was a party to the trial court proceedings, but she does not appeal and has filed no
brief.
Father and Mother are married and Father is the stepfather and caretaker of
C.C. and F.C. Father’s and Mother’s history with Person County Department of
Social Services (“DSS”) began in 2018 and continues to this present appeal. On 3
February 2025, DSS received a report alleging an injurious living environment and
substance use in the parents’ home which prompted DSS to file juvenile petitions,
relevant here, as to Chris and Mary. DSS obtained non-secure custody of Chris,
Mary, C.C., and F.C.
DSS drug screened the four juveniles seven days after taking non-secure
custody. Each child’s hair sample tested positive for cocaine. Chris and Mary
currently reside with their paternal grandparents.
At the adjudication and disposition hearing, Father and Mother stipulated that
Chris and Mary were abused and neglected juveniles. Father visited weekly with
Chris, Mary, and F.C. upon the juveniles coming into DSS custody. DSS established
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a reunification plan with Father. At the adjudication and disposition hearing,
however, a social worker testified she preferred reunification efforts with Father to
cease with a primary plan of adoption and a secondary plan of guardianship. The
juveniles’ guardian ad litem (“GAL”) testified to the same.
A social work expert (“Expert”) testified at trial the three oldest children (not
Chris) should not be returned to live with Father or Mother. The Expert did not meet
with Chris due to him not being enrolled in school and thus did not make a
recommendation as to his return to Father or Mother.
At the conclusion of the hearing, the trial court concluded aggravated
circumstances pursuant to G.S. 7B-901(c) existed prompting the trial court to cease
reunification efforts for Father as to Chris and Mary. The trial court also suspended
Father’s visitation. The trial court entered a permanent plan of adoption with a
secondary plan of guardianship. Father appeals as to Chris only.
II. Analysis
Father presents one argument on appeal. We address it below.
The standard of review for a trial court’s dispositional choice, including the
decision to eliminate reunification from a juvenile’s permanent plan, is reviewed for
an abuse of discretion. In re J.M., 384 N.C. 584, 591 (2023) (citation omitted).
The Juvenile Code divides abuse, neglect, and dependency (“AND”)
proceedings into an adjudicatory and a dispositional phase. Id. at 592. When the
trial court adjudicates a juvenile abused, neglected, or dependent the AND proceeding
-3- IN RE: C.C. AND M.C.
continues to the dispositional phase to curate a plan for the needs of the juvenile.
N.C.G.S. § 7B-900. The dispositional phase has no burden of proof rather it requires
“sufficient evidence be presented to the trial court so that it can determine what is in
the best interests of the child.” In re J.M., 384 N.C. at 592 (citing In re Shue, 311
N.C. 586, 597 (1984)). When, like in this case, the court removes juveniles from the
parents’ care, the statutory provisions for permanency planning apply. In re J.M.,
384 N.C. at 593.
The trial court’s permanent plan must contain a primary and secondary plan.
N.C.G.S. § 7B-906.2(b). Reunification may be part of a primary or secondary plan.
Id. at § 7B-906.2(a). The trial court, however, is not required to pursue reunification
when it makes written findings of fact that aggravated statutory circumstances are
present pursuant to G.S. 7B-901(c). See id. at § 7B-906.2(b). The trial court’s G.S.
7B-901(c) written findings do not have to track the statutory language verbatim, but
they “must make clear that the trial court considered the evidence in light of whether
reunification would be [clearly unsuccessful] or would be inconsistent with the
juvenile's health, safety, and need for a safe, permanent home within a reasonable
period of time.” In re J.M., 384 N.C. at 594 (citing In re H.A.J., 377 N.C. 43, 49
(2021)).
The relevant statute states: “A court of competent jurisdiction determines or
has determined that aggravated circumstances exist because the parent has
committed or encouraged the commission of, or allowed the continuation of, any of
-4- IN RE: C.C. AND M.C.
the following upon the juvenile:” “[s]exual abuse”; “[c]hronic physical or emotional
abuse”; “[t]orture”; “[a]bandonment”; “[c]hronic or toxic exposure to alcohol or
controlled substances that causes impairment of or addiction to the juvenile”; “[a]ny
other act, practice, or conduct that increased the enormity or added to the injurious
consequences of the abuse or neglect.” N.C.G.S. § 7B-901(c)(1) (emphasis added).
Cessation of reunification efforts may also be made pursuant to G.S. 7B-901(c)(2)-(3).
General Statute 7B-901(c)(1) permits the cessation of reunification efforts
when just one circumstance is present. See id. §7B-901(c) (stating reunification “shall
not be required if the court makes written findings of fact pertaining to any of the
following” (emphasis added)); see In re L.N.H., 382 N.C. 536, 546 (2022) (citation
omitted) (stating the trial court must make a written finding as to one circumstance
in G.S. 7B-901(c) before eliminating reunification). An order ceasing reunification at
the initial disposition does not necessarily eliminate reunification as a permanent
plan. See, e.g., In re C.S.L.B., C.P.R.B., S.C.R.B, 254 N.C. App. 395, 397 (2017)
(“Respondent-mother conflates removing reunification as a permanent plan for the
children with ceasing reunification efforts.”)
Here, Father stipulated Chris was neglected and concedes on appeal that the
trial court had sufficient evidence to determine that Chris was neglected based on the
abuse of Chris’s older sibling, C.C. Father’s challenge focuses on the dispositional
phase as to the permanent plan to cease reunification.
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Father argues the trial court’s G.S. 7B-901(c)(1) aggravated circumstance
findings as they relate to Chris are based on conduct experienced by Chris’s older
sibling, not Chris himself. Thus, the conclusion of law as to Chris that reunification
efforts should cease with Father based on those findings are impermissible under
G.S. 7B-901(c)(1). We agree in part and disagree in part.
Here, the trial court’s July 2025 adjudication and disposition order found the
following directly related to Chris: he is four years old; he is not enrolled in school;
he has speech and developmental delays; Mary often acts as his caretaker; his hair
sample tested for cocaine levels at 44,292 pg/mg (where levels above 10,000 pg/mg
would be high for an adult); he is not potty-trained; when entering custody, he wore
shoes too small for him; and he is bonded with Father. Father does not challenge
these findings; thus, they are binding on appeal. In re H.R.P., 297 N.C. App. 339, 344
(2024).
The trial court concluded, based on those findings, among others, the existence
of aggravated circumstances under G.S. 7B-901(c)(1) of “chronic and toxic exposure
to controlled substances against each of the juveniles,” “abuse or neglect,” and
“chronic physical abuse,” and subsequently eliminated reunification as a primary or
secondary plan for Chris.
The conclusion of “chronic and toxic exposure to controlled substances against
each of the juveniles” is supported by the evidence and findings as the children
disclosed cocaine would be on the kitchen table and Chris (and the three other
-6- IN RE: C.C. AND M.C.
juveniles) tested positive for cocaine. The trial court failed to conclude the entire
aggravated circumstance was satisfied, however, because it failed to conclude Chris
suffered from impairment or addiction as a result of the cocaine use. See, e.g., In re
G.T., 250 N.C. App. 50, 51, 56 (2016) (superseded on other grounds) (stating trial
court’s ultimate findings that newborn suffered from impairment or addiction under
G.S. 7B-901(c)(1)(e) where the newborn had a rapid heartbeat and displayed
withdrawal symptoms). We note, however, the evidence and unchallenged findings
may support the conclusion that Chris’ exposure to cocaine caused impairment or
addiction because the findings indicate Chris has speech, development, and
regulation delays.
While it is true the trial court’s findings of fact do not have to be a verbatim
recitation of the statutory language in G.S. 7B-901(c)(1), the trial court’s conclusion
as to this aggravated circumstance does not make clear that the trial court considered
any impairment or addiction—as a result of the cocaine use—suffered by Chris. See
In re J.M., 384 N.C. at 594 (citation omitted). Thus, we must vacate the order and
remand the matter with instructions for the trial court to consider whether Chris
suffered impairment or addiction as a result of cocaine use.
III. Conclusion
We affirm the order as to Mary, as Father makes no argument on appeal
concerning her. N.C. R. App. P. 28(b)(6). We, however, vacate the portion of the trial
court’s order ceasing reunification efforts with Chris based on the aggravated
-7- IN RE: C.C. AND M.C.
circumstance pursuant to G.S. 7B-901(c)(1)(e) and remand with instructions for
findings addressing whether Chris’ exposure to cocaine caused impairment or
addiction pursuant to G.S. 7B-901(c)(1)(e).
AFFIRMED IN PART, VACATED IN PART, AND REMANDED.
Judges ZACHARY and HAMPSON concur.
Report per Rule 30(e).
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