In re: F.L.H., R.R.H.

Opinion

An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. COA24-910

Filed 1 October 2025

Lincoln County, Nos. 23JA000034-540, 23JA000050-540

IN THE MATTER OF:

F.L.H.

R.R.H.

Appeal by respondents from adjudication orders entered 18 April 2024 and

dispositional orders entered 24 May 2024 by Judge J. Brad Champion in Lincoln

County District Court. Heard in the Court of Appeals 24 April 2025.

Orion Douglas Memmott, pro se, for respondent-appellant nonrelative extended family member with kinship.

Mercedes O. Chut for respondent-appellant-mother.

Teague, Campbell, Dennis, & Gorham, LLP, by Jacob H. Wellman, and Jessica Fielding Yelverton, for petitioner-appellee Lincoln County Department of Social Services.

Cooper Legal Firm, PC, by Stephanie L. Cooper DeMaioribus, for appellee Guardian Ad Litem.

GORE, Judge.

I.

This case concerns the adjudication of F.L.H. (“Frances”) and R.R.H. (“Rick”) IN RE: F.L.H., R.R.H.

Opinion of the Court

as neglected and dependent juveniles by the District Court, Lincoln County.

Respondent-mother appeals the trial court’s orders, contending the court lacked

subject matter jurisdiction, erred in its findings of neglect and dependency, and

improperly relied on post-petition evidence. After careful review, we conclude that

the trial court’s orders were supported by clear and convincing evidence and properly

entered in accordance with North Carolina law. Accordingly, we affirm the trial

court’s adjudication and disposition orders.

The motion filed in this cause on 8 November 2024 and designated “Motion to

Dismiss Appeal” was allowed by order filed 2 December 2024. Appeal dismissed as

to respondent Orion Douglas Memmott. Respondent-mother’s appeal remains.

II.

A.

On 17 January 2023, the Lincoln County Department of Social Services

(“DSS”) received a Child Protective Services (“CPS”) report alleging respondent-

mother engaged in excessive alcohol use and possible drug abuse, exhibited violent

outbursts, and created an environment where her children, Frances and Rick, were

afraid to return home. The report also described unsanitary living conditions,

including a dirty home with uncleaned animal waste.

Upon investigation, DSS determined the allegations were substantiated as “in

need of services,” and an in-home services plan was initiated. As part of this plan,

respondent-mother was instructed to complete a substance abuse assessment and

-2- IN RE: F.L.H., R.R.H.

comply with treatment recommendations; complete a mental health assessment and

follow all treatment recommendations; enroll in parenting classes; and obtain stable

employment. Respondent-mother refused to engage with DSS social workers and was

ultimately unreachable until her 4 March 2023 arrest on trespassing charges.

B.

While respondent-mother remained incarcerated, Donna Harris, the children’s

maternal grandmother, arranged for Rick to move to California to live with her ex-

husband, Douglas Memmott. When DSS social worker Kelly Pendleton confronted

Donna Harris, she initially claimed legal guardianship over Rick but later provided

incomplete documentation.

Upon respondent-mother’s 21 March 2023 release from jail, she failed to

contact DSS as directed, and DSS was unable to locate her. DSS subsequently filed

a juvenile petition on 23 March 2023 seeking nonsecure custody of Frances.

While the petition was pending, Frances was diagnosed with severe dental

decay requiring surgical intervention, but no legal guardian was available to consent

to treatment. On 6 April 2023, DSS sought and obtained nonsecure custody of

Frances, intending to allow her to remain in Donna Harris’s care while authorizing

her medical treatment.

However, on 6 April 2023, Donna Harris allowed Douglas Memmott to take

Frances to California, without DSS approval. When Memmott failed to return

Frances by the agreed deadline, law enforcement intervened, and Memmott was

-3- IN RE: F.L.H., R.R.H.

arrested on child abduction charges. California DSS took custody of both children

until Lincoln County DSS secured their return to North Carolina.

Upon their return, the trial court held a 25 April 2023 nonsecure custody

review hearing, at which Frances remained in DSS custody, while Rick was placed

back with Donna Harris.

C.

DSS amended its petition for Frances on 17 April 2023 to include her urgent

dental issues, and for Rick on 26 May 2023 to include concerns about his untreated

mental health conditions.

The trial court held adjudication hearings beginning 10 September 2023.

Evidence presented included: Frances’ delayed dental surgery, which was performed

only after DSS secured custody; Rick’s ADHD medication noncompliance, evidenced

by negative drug screens and discrepancies in pill counts while under Donna Harris’s

care; testimony that Donna Harris attempted to wean Rick off medication without

medical supervision; and respondent-mother’s transient behavior and failure to

maintain contact.

On 10 October 2023, the trial court entered written orders adjudicating

Frances and Rick as neglected and dependent juveniles, concluding that respondent-

mother failed to provide proper care, supervision, and discipline; Frances’ dental

neglect and Rick’s mental health mismanagement were substantial indicators of

neglect; and no suitable alternative caregiver was available, as Donna Harris was

-4- IN RE: F.L.H., R.R.H.

unfit due to cognitive impairments and poor medical decision-making.

Respondent-mother appealed these orders, arguing lack of jurisdiction,

insufficient evidence, and improper reliance on post-petition evidence.

III.

Respondent-mother argues the trial court lacked subject matter jurisdiction

because the juvenile petitions failed to properly allege dependency. However,

jurisdiction in neglect and dependency proceedings is conferred by a properly filed

petition containing sufficient factual allegations. See N.C.G.S. § 7B-402(a); In re

D.C., 183 N.C. App. 344, 349 (2007). Even if a petitioner fails to check the correct

box, jurisdiction exists if the petition’s factual allegations provide adequate notice. In

re K.B., 253 N.C. App. 423, 427 (2017).

Here, the original and amended petitions alleged both neglect and dependency,

citing mother’s substance abuse, transient behavior, failure to provide medical care,

and lack of a suitable alternative caregiver. Frances’s urgent need for dental surgery

without an authorized caregiver, and Rick’s untreated mental health conditions, were

dependency concerns. These allegations were sufficient to invoke jurisdiction, and

the trial court’s findings mirrored the petitions’ contents.

Because the petitions met statutory requirements and provided ample notice,

the trial court properly exercised jurisdiction. See In re T.R.P., 360 N.C. 588, 593

(2006) (“A trial court’s subject matter jurisdiction over all stages of a juvenile case is

established when the action is initiated with the filing of a properly verified

-5- IN RE: F.L.H., R.R.H.

petition.”). Respondent-mother’s jurisdictional challenge is without merit.

IV.

Respondent-mother challenges the trial court’s adjudication of neglect, arguing

the findings were unsupported by clear and convincing evidence. Under N.C.G.S. §

7B-101(15), a neglected juvenile is one whose parent, guardian, or caretaker fails to

provide “proper care, supervision, or discipline” or creates “a living environment that

is injurious to the juvenile’s welfare.” The trial court’s findings must be supported by

clear and convincing evidence and must establish actual or substantial risk of harm.

See In re K.L., 272 N.C. App. 30, 36 (2020).

Here, the trial court found that Frances suffered severe dental decay requiring

surgery, which was delayed due to respondent-mother’s absence and failure to

authorize treatment. The home was also found to be unsanitary, with filth and

uncleaned animal waste, and respondent-mother had a pattern of transient behavior

and substance abuse, making her an unreliable caretaker. Regarding Rick, the

evidence established that his ADHD and depression medications were mismanaged,

and Donna Harris attempted to wean him off without medical supervision. The trial

court properly concluded that these conditions placed the children at substantial risk

of harm.

Because the trial court’s findings are supported by clear and convincing

evidence, we affirm its determination that Frances and Rick are neglected juveniles.

V.

-6- IN RE: F.L.H., R.R.H.

Respondent-mother challenges the trial court’s adjudication of dependency,

arguing the evidence did not establish her inability to provide care or a lack of

suitable alternative caregivers. Under N.C.G.S. § 7B-101(9), a dependent juvenile is

one whose parent, guardian, or custodian “is unable to provide for the juvenile’s care

or supervision and lacks an appropriate alternative child care arrangement.” Both

elements must be met to support a dependency adjudication. See In re P.M., 169 N.C.

App. 423, 427–28 (2005). Our courts have emphasized that a parent must take

affirmative steps to identify viable alternative caregivers, and the failure to do so

supports a finding of dependency. In re L.H., 210 N.C. App. 355, 364 (2011); In re

J.D.L., 199 N.C. App. 182, 189 (2009).

The trial court found, and the record supports, that respondent-mother was

unable to provide adequate care due to her substance abuse, transient lifestyle, and

failure to seek necessary medical treatment for her children. Additionally, the court

determined that no suitable alternative caregiver was available. Donna Harris, the

maternal grandmother, was found to be unfit due to cognitive impairments and her

failure to properly manage Rick’s mental health treatment.

Although respondent-mother now asserts that Jason Lazenby and Douglas

Memmott were appropriate options, neither was presented to the trial court as a

viable caregiver. See In re D.J.D., 171 N.C. App. 230, 239 (2005) (rejecting proposed

caregiver not shown to be willing or able to care for children). Even assuming the

issue was preserved, the record supports the court’s implicit rejection of both

-7- IN RE: F.L.H., R.R.H.

individuals. Lazenby had not been adjudicated as Frances’s father, there was no

evidence she had met him, and legal paternity had not been established. Memmott

had no legal relationship to the children, had been charged with child abduction, and

DSS had documented safety concerns regarding his controlling and abusive behavior.

At the time the petitions were filed, the children’s living arrangements were

temporary and legally insecure. Neither situation constituted a permanent

guardianship or other court-sanctioned placement that could satisfy the statutory

requirement for an “appropriate alternative child care arrangement.” See In re

A.L.L., 376 N.C. 99, 108–09 (2020) (contrasting the stability of permanent

guardianship with temporary arrangements subject to change). Because no legally

secure, appropriate caregiver was available, the trial court properly found the second

prong of dependency satisfied.

Because clear and convincing evidence demonstrated that respondent-mother

was unable to provide proper care and no suitable alternative caregiver existed at the

relevant time, the trial court properly adjudicated Frances and Rick as dependent

juveniles.

VI.

Respondent-mother argues the trial court improperly relied on post-petition

evidence in adjudicating neglect and dependency, asserting the court should have

considered only the circumstances existing at the time of the petition’s filing. We

disagree.

-8- IN RE: F.L.H., R.R.H.

While post-petition evidence is generally not admissible to establish neglect or

dependency, North Carolina courts recognize an exception for “fixed and ongoing”

conditions that existed before the petition and continued thereafter. In re G.W., 286

N.C. App. 587, 594 (2022). While “the conditions underlying determination of

whether a juvenile is an abused, neglected, or dependent juvenile are fixed at the

time of the filing of the petition[,]” In re L.N.H., 382 N.C. 536, 543 (2022), post-

petition evidence may be considered where it illustrates a pattern of parental

behavior, rather than an isolated event, “relevant to the existence or nonexistence of

conditions alleged in the adjudication petition[,]” In re G.W., 286 N.C. App. at 594

(cleaned up).

Here, the trial court did not rely on discrete post-petition events but rather

considered evidence of respondent-mother’s ongoing neglect and unfitness, including

her transient lifestyle, substance abuse, and failure to provide medical care.

Additionally, evidence of Rick’s continued failure to receive prescribed medication

and Frances’s untreated dental issues demonstrated persistent and unremedied

neglect. This evidence was relevant to show that the conditions leading to removal

had not improved and that the risk of harm remained ongoing.

Because the trial court properly applied the fixed and ongoing conditions

exception, and did not rely on impermissible post-petition events, its consideration of

this evidence was not erroneous. Accordingly, respondent-mother’s challenge on this

ground is without merit.

-9- IN RE: F.L.H., R.R.H.

VII.

The trial court’s adjudications of neglect and dependency were supported by

clear and convincing evidence. The trial court properly exercised jurisdiction and

admitted post-petition evidence under the fixed and ongoing conditions exception.

Because its findings were well-supported and legally sound, the orders are affirmed.

AFFIRMED.

Judges CARPENTER and FLOOD concur.

Report per Rule 30(e).

- 10 -