In re: M.S.

785 S.E.2d 590, 2016 WL 1569162, 2016 N.C. App. LEXIS 440
CourtCourt of Appeals of North Carolina
DecidedApril 19, 2016
Docket15-1162
StatusPublished
Cited by9 cases

This text of 785 S.E.2d 590 (In re: M.S.) 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: M.S., 785 S.E.2d 590, 2016 WL 1569162, 2016 N.C. App. LEXIS 440 (N.C. Ct. App. 2016).

Opinion

ZACHARY, Judge.

Following the adjudication of the minor child, Mary, 1 as an abused and neglected juvenile, an appeal was taken to this Court by Mary's mother (respondent), and by J.C., who is married to Mary's mother and is referred to in court documents as her "stepfather." On appeal, respondent's counsel has filed a "no-merit" brief pursuant to N.C.R.App. P. Rule 3.1(d) (2014), and J.C. has offered arguments regarding the merits of the trial court's adjudication and disposition orders. We conclude that there is no basis for reversal of the trial court's order, and that the record fails to establish that J.C. has standing to appeal from the trial court's order. Accordingly, we affirm the trial court's order and dismiss J.C.'s appeal.

I. Background

On 22 July 2014, the Harnett County Department of Social Services ("DSS") filed a juvenile petition alleging that Mary was an abused and neglected juvenile and obtained nonsecure custody of Mary. The petition alleged that Mary was born in the Philippines in 2000, that her father was deceased, and that J.C., who was identified as Mary's "step-father," had sexually abused Mary over a period of years.

Two hearings were conducted on the petition in December 2014 and March 2015. Mary, who was fourteen at the time of the hearings, testified that J.C. had sexually molested her on numerous occasions when she was between nine and thirteen years old. Mary provided specific details of J.C.'s abuse, which had included inappropriate touching of Mary's private parts, J.C. touching Mary with his penis, and at least one attempt by J.C. to undress Mary. Mary had *592 reported the incidents to respondent, who refused to believe her or to allow her to participate in professional services such as a child medical examination or therapy. Mary's older sister, who was nineteen years old at the time of the hearing, testified that J.C. had also molested her when she was eleven or twelve years old.

On 1 May 2015, the trial court entered an order containing more than sixty findings of fact describing Mary's home situation and J.C.'s sexual abuse of Mary. The trial court found that Mary did not receive proper care and supervision in the home of respondent and J.C. and that she resided in an environment injurious to her health. The court also found that respondent had not provided adequate protection and a safe environment for her daughter and that Mary resided in a home where another juvenile had been subjected to abuse or neglect by J.C. Based upon these findings of fact, the court adjudicated Mary to be an abused and neglected juvenile as defined by N.C. Gen.Stat. § 7B-101(1) and (15) (2014).

In its dispositional order, the trial court ordered that Mary's custody would remain with DSS and that there would be no visitation between Mary and either her mother or J.C. Respondent and J.C. each noted an appeal to this Court from the trial court's adjudication and dispositional orders.

II. Standard of Review

"The allegations in a petition alleging that a juvenile is abused, neglected, or dependent shall be proved by clear and convincing evidence." N.C. Gen.Stat. § 7B-805 (2015).

When this Court reviews an order in a juvenile abuse, neglect or dependency proceeding, we determine whether the trial court made proper findings of fact and conclusions of law in its adjudication and disposition orders. In so doing, we consider whether clear and convincing evidence in the record supports the findings and whether the findings support the trial court's conclusions. If there is evidence to support the trial court's findings of fact, they are deemed conclusive even though there may be evidence to support contrary findings. We consider matters of statutory interpretation de novo.

In re W.V., 204 N.C.App. 290 , 293, 693 S.E.2d 383 , 386 (2010) (citing In re J.S., 182 N.C.App. 79 , 86, 641 S.E.2d 395 , 399 (2007), In re Gleisner, 141 N.C.App. 475 , 480, 539 S.E.2d 362 , 365 (2000), In re Montgomery, 311 N.C. 101 , 110-11, 316 S.E.2d 246 , 252-53 (1984), and Piedmont Triad Airport Auth. v. Urbine, 354 N.C. 336 , 338, 554 S.E.2d 331 , 332 (2001) ).

III. Appeal by J.C.

We first address the issue of J.C.'s standing to appeal from the trial court's orders. "Although [J.C.'s] brief does not address the issue of standing, we are compelled to address this issue." In re T.B., 200 N.C.App. 739 , 742, 685 S.E.2d 529 , 532 (2009). "Standing is jurisdictional in nature and '[c]onsequently, standing is a threshold issue that must be addressed, and found to exist, before the merits of [the] case are judicially resolved.' " In re T.M., 182 N.C.App. 566 , 570, 643 S.E.2d 471 , 474 (quoting In re Miller, 162 N.C.App. 355 , 357,

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Bluebook (online)
785 S.E.2d 590, 2016 WL 1569162, 2016 N.C. App. LEXIS 440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ms-ncctapp-2016.