In re J.C.

808 S.E.2d 178
CourtCourt of Appeals of North Carolina
DecidedDecember 5, 2017
DocketNo. COA17-548
StatusPublished

This text of 808 S.E.2d 178 (In re J.C.) 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 J.C., 808 S.E.2d 178 (N.C. Ct. App. 2017).

Opinion

BRYANT, Judge.

Where the evidence and the trial court's findings of fact support a determination that the juvenile was at a substantial risk of physical, mental, or emotional impairment due to respondent's actions, the trial court did not err in adjudicating the minor child a neglected juvenile, and we affirm. Where the trial court's dispositional order complied with N.C. Gen. Stat. § 7B-905.1 by providing a "framework" for visitation which included both the minimum frequency of visitation and the length of each visit, we affirm.

On 2 December 2016, the Ashe County Department of Social Services ("DSS") filed a petition alleging that J.A.C. ("Jill")1 was a neglected juvenile in that she lived in an environment injurious to her welfare. DSS stated that it had been providing services to respondent, Jill's mother, since 20 October 2016 due to concerns regarding respondent's substance abuse and domestic violence issues.

On 29 November 2016, DSS received reports that respondent was acting delusional, possibly using drugs, and threatening to harm herself. The next day, respondent met with a social worker and agreed that Jill could remain with her father until 6 December 2016, at which point respondent would meet with DSS to discuss safety plans. However, on 2 December 2016, respondent went to the paternal grandmother's home where Jill was spending the night, threatened to remove Jill, and made threats against Jill's father and the paternal grandmother. Accordingly, DSS filed a petition to prevent respondent from taking Jill and fleeing and to ensure the juvenile's safety. A non-secure custody order was entered and Jill was placed with her father. On 10 March 2017, the trial court adjudicated Jill neglected. Respondent appeals.

_________________________

On appeal, respondent argues that (I) the evidence and findings did not support a conclusion of neglect and (II) the minimal amount of visitation given to respondent was inconsistent with the evidence and a plan of reunification and was not in Jill's best interests.

I

Respondent first argues that the trial court erred by adjudicating Jill a neglected juvenile. Specifically, respondent argues that because Jill's parents and grandparents took proper care of her, the evidence and findings do not support a conclusion of neglect. We disagree.

"The role of this Court in reviewing a trial court's adjudication of neglect ... is to determine '(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 T.H.T., 185 N.C. App. 337, 343, 648 S.E.2d 519, 523 (2007) (quoting In re Gleisner, 141 N.C. App. 475, 480, 539 S.E.2d 362, 365 (2000) ). "If such evidence exists, the findings of the trial court are binding on appeal, even if the evidence would support a finding to the contrary."Id.(citation omitted). We review the trial court's conclusions of law de novo on appeal. In re D.M.M., 179 N.C. App. 383, 385, 633 S.E.2d 715, 716 (2006) (citation omitted), abrogated on other grounds by In re T.H.T., 362 N.C. 446, 665 S.E.2d 57 (2008).

"Neglected juvenile" is defined in N.C. Gen. Stat. § 7B-101(15) 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. In determining whether a juvenile is a neglected juvenile, it is relevant whether that juvenile ... lives in a home where another juvenile has been subjected to abuse or neglect by an adult who regularly lives in the home.

N.C. Gen. Stat. § 7B-101(15) (2015). Section 7B-101(15)" 'affords the trial judge some discretion in determining ...' whether children are at risk for a particular kind of harm given their age and the environment in which they reside." In re McLean, 135 N.C. App. 387, 395, 521 S.E.2d 121, 126 (1999) (citation omitted). However, to sustain an adjudication of neglect, this Court has stated that the alleged conditions must cause the juvenile some physical, mental, or emotional impairment, or create a substantial risk of such impairment. See In re Safriet, 112 N.C. App. 747, 752-53, 436 S.E.2d 898, 901-02 (1993) (citations omitted).

Here, the trial court made the following findings of fact in support of its conclusion that Jill was a neglected juvenile:

8. [DSS] opened in-home case management after finding the family in need of services on October 20, 2016 due to the mother's substance abuse and domestic violence in the home of her parents. The mother and [Jill] at that time lived in the maternal grandparents' home.
9. The mother admitted to [the DSS social worker] that she used marijuana and "pills." A referral was made for the mother to have a substance abuse/mental health assessment at Daymark Recovery Services. The mother did not attend the assessment appointment.
10. There have been four child protective services reports in the past two years-all due to the mother's substance abuse and/or domestic violence.
11. The mother appears paranoid at times and does not trust [the DSS social worker].
12. On November 29, 2016 [the DSS social worker] received a telephone call from the maternal grandparents. They were concerned the mother was delusional and was threatening to harm herself. The mother believed the toothpaste was poisoned and threw it away.

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Related

White v. White
324 S.E.2d 829 (Supreme Court of North Carolina, 1985)
Matter of Safriet
436 S.E.2d 898 (Court of Appeals of North Carolina, 1993)
In Re Padgett
577 S.E.2d 337 (Court of Appeals of North Carolina, 2003)
Koufman v. Koufman
408 S.E.2d 729 (Supreme Court of North Carolina, 1991)
Matter of Whisnant
322 S.E.2d 434 (Court of Appeals of North Carolina, 1984)
In Re McLean
521 S.E.2d 121 (Court of Appeals of North Carolina, 1999)
In Re Gleisner
539 S.E.2d 362 (Court of Appeals of North Carolina, 2000)
In re: G.T.
791 S.E.2d 274 (Court of Appeals of North Carolina, 2016)
In re T.H.T.
665 S.E.2d 54 (Supreme Court of North Carolina, 2008)
In re D.M.M.
633 S.E.2d 715 (Court of Appeals of North Carolina, 2006)
In re T.M.
638 S.E.2d 236 (Court of Appeals of North Carolina, 2006)
In re C.M.
644 S.E.2d 588 (Court of Appeals of North Carolina, 2007)
In re T.H.T.
648 S.E.2d 519 (Court of Appeals of North Carolina, 2007)

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Bluebook (online)
808 S.E.2d 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jc-ncctapp-2017.