In re: G.T.

791 S.E.2d 274, 250 N.C. App. 50, 2016 N.C. App. LEXIS 1066
CourtCourt of Appeals of North Carolina
DecidedOctober 18, 2016
Docket16-353
StatusPublished
Cited by13 cases

This text of 791 S.E.2d 274 (In re: G.T.) 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: G.T., 791 S.E.2d 274, 250 N.C. App. 50, 2016 N.C. App. LEXIS 1066 (N.C. Ct. App. 2016).

Opinions

McCULLOUGH, Judge.

*51Respondent-mother appeals from: (1) an adjudication order concluding that G.T. ("Gavin")1 was a neglected and dependent juvenile; and (2) a disposition order concluding that it was in the juvenile's best interest to remain in the custody of the Buncombe County Department of Health and Human Services ("DHHS") and that reasonable reunification efforts with respondent-mother shall cease. After careful review, we affirm the trial court's adjudication order, but reverse the disposition order in part.

I. Background

In early July 2015, DHHS obtained non-secure custody of Gavin and filed a petition alleging that he was a neglected and dependent juvenile. Gavin was a newborn at the time, and both he and his mother were still in the hospital. The petition alleged that respondent-mother used marijuana, methamphetamine, and cocaine during her pregnancy, and that Gavin had a rapid heartbeat and was showing signs of withdrawal. Gavin's toxicology results were still pending at the time of the petition. The petition also alleged that respondent-mother was belligerent and combative with hospital staff, refused to take *276her psychiatric medication, and was being held on an involuntary commitment. During one instance, respondent-mother had to be restrained and Gavin removed from her arms. Further, the petition alleged that respondent-mother had a domestic violence protective order ("DVPO") against Gavin's father. He allegedly stabbed respondent-mother and dislocated her jaw, had several criminal charges pending as a result, and had a concerning criminal history.

The trial court held a hearing on 12 November 2015 and subsequently entered an adjudication and interim disposition order. Respondent-mother stipulated that the allegations contained in the petition, with some modifications, could be found as fact by the trial court by clear and convincing evidence. Based on the stipulated findings of fact, the trial court concluded that Gavin was a neglected and dependent juvenile. In *52the interim disposition portion of the order, the trial court concluded that it was in Gavin's best interest to remain in DHHS custody.

The trial court held a disposition hearing on 3 December 2015 and subsequently entered a disposition order. The trial court concluded that it was in Gavin's best interest to remain in DHHS custody. The trial court also directed that, pursuant to N.C. Gen. Stat. § 7B-901(c) (2015), reasonable reunification efforts with respondent-mother shall cease. This conclusion was based upon the trial court's finding that Gavin was subjected to chronic or toxic exposure to controlled substances that resulted in impairment of and addiction in Gavin at birth. Respondent-mother timely appeals.2

II. Discussion

A. Adjudication of Neglect

On appeal, respondent-mother first challenges the trial court's adjudication of neglect. Review of a trial court's adjudication of neglect requires a determination as to (1) whether clear and convincing evidence supports the findings of fact, and (2) whether the findings of fact support the legal conclusions. In re Pittman , 149 N.C.App. 756, 763-64, 561 S.E.2d 560, 566 (2002) (citation omitted). "In a non-jury neglect adjudication, the trial court's findings of fact supported by clear and convincing competent evidence are deemed conclusive, even where some evidence supports contrary findings." In re Helms , 127 N.C.App. 505, 511, 491 S.E.2d 672, 676 (1997) (citations omitted). If competent evidence supports the findings, they are "binding on appeal." In re McCabe , 157 N.C.App. 673, 679, 580 S.E.2d 69, 73 (2003) (citations omitted). Here, respondent-mother does not dispute the fact that her stipulation to the findings of fact was proper. As a result, the findings of fact are presumed to be supported by competent evidence and are binding on appeal. See In re M.D. , 200 N.C.App. 35, 43, 682 S.E.2d 780, 785 (2009).

Respondent-mother, however, argues that the trial court's findings of fact are not sufficient to support the trial court's conclusion that Gavin was a neglected juvenile. She contends that none of the trial court's findings of fact relate to her care of Gavin, show that Gavin suffered an impairment, or prove a nexus between her drug use and any harm to Gavin. We disagree.

*53A neglected juvenile is defined as:

A juvenile who does not receive proper care, supervision, or discipline from the juvenile's parent, guardian, custodian, or caretaker; or who has been abandoned; or who is not provided necessary medical care; or who is not provided necessary remedial care; or who lives in an environment injurious to the juvenile's welfare; or who has been placed for care or adoption in violation of law.

N.C. Gen. Stat. § 7B-101(15) (2015). Additionally, this Court has consistently required that "there be some physical, mental, or emotional impairment of the juvenile or a substantial risk of such impairment as a consequence of the failure to provide proper care, supervision, or discipline in order to adjudicate a juvenile neglected." In re McLean , 135 N.C.App. 387, 390, 521 S.E.2d 121, 123 (1999) (internal quotations omitted) (emphasis in original).

In arguing that the findings do not support an adjudication of neglect, respondent-mother *277focuses largely on the findings of fact regarding her drug use while pregnant. However, she overlooks the fact that the trial court made findings regarding the father's domestic violence towards her and took judicial notice of respondent-mother's DVPO, both of which support the adjudication of neglect.

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Bluebook (online)
791 S.E.2d 274, 250 N.C. App. 50, 2016 N.C. App. LEXIS 1066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gt-ncctapp-2016.