In re: R.L.G.

816 S.E.2d 914, 260 N.C. App. 70
CourtCourt of Appeals of North Carolina
DecidedJune 19, 2018
DocketCOA17-1433
StatusPublished
Cited by6 cases

This text of 816 S.E.2d 914 (In re: R.L.G.) 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: R.L.G., 816 S.E.2d 914, 260 N.C. App. 70 (N.C. Ct. App. 2018).

Opinion

DAVIS, Judge.

*71 This case requires us to examine (1) the requirements for a valid consent adjudication order in an abuse, neglect or dependency case; and (2) the extent to which findings in a pre-hearing order can be used to support an *916 adjudication of neglect. A.F. ("Respondent") appeals from adjudication and disposition orders finding her daughter R.L.G. ("Rory") 1 to be a neglected juvenile and continuing her custody with the Brunswick County Department of Social Services ("DSS"). Because we conclude the trial court's determination that Rory was a neglected juvenile was not supported by sufficient evidence or findings of fact, we vacate the adjudication and disposition orders and remand the case to the trial court for further proceedings.

Factual and Procedural Background

Respondent is the mother of Rory, who was born in August 2006. On 25 June 2017, DSS obtained non-secure custody of Rory and filed a petition in Brunswick County District Court alleging that she was a neglected and dependent juvenile. In its petition, DSS stated that in 2013 the Bladen County Department of Social Services had substantiated allegations that Rory was sexually abused by Respondent's boyfriend. The petition further asserted that the boyfriend lived in Respondent's home with Rory and that Respondent had not expressed any concerns *72 regarding the abuse. In addition, the petition alleged that Rory had also recently been the victim of sexual abuse inflicted by a family friend. According to the petition, Respondent did not seek therapy for Rory as recommended by DSS and failed to meet with the District Attorney's office on two occasions to assist with the prosecution of the case. Finally, the petition stated that Respondent had been unable to provide Rory with an alternative childcare arrangement since 2013.

On 6 July 2017, DSS filed a motion to amend the 25 June 2017 petition to include additional allegations. The amended petition stated, inter alia , that Rory was absent from school for twenty-five days during the 2016-17 school year and was tardy on thirty-seven occasions. The motion to amend the petition was subsequently allowed by the court.

The trial court conducted a pre-adjudication hearing on 12 July 2017, and on 21 July 2017 the trial court entered an "Order on Pre-Hearing." An adjudication hearing was held on 16 August 2017. At this hearing, DSS read the following prepared admission by Respondent into the record:

That admission is that the juvenile is a neglected juvenile in that she did not receive proper care and supervision by her mother in that her mother did not ensure the child attended school regularly, having missed 25 days during the 2016-17 calendar year and having been tardy 37 times. The child did not pass the core classes of English, science, and social studies, and a copy of the report card is tendered in support of said admission. In addition, the mother has not taken the child to well care visits with a physician to address her medical needs.

Respondent stated under oath her agreement to the truth of the above-quoted admission. At that point, the trial court stated that it would "accept the admission and adjudicate based upon the neglect." 2 Morgan Traynham (a social worker for DSS) and Roberta Lerner (the guardian ad litem for Rory) testified with regard to a potential trial home placement with Rory's father and the possibility of supervised visitation between Respondent and Rory.

On 13 September 2017, the trial court entered an order (the "Adjudication Order") adjudicating Rory to be a neglected juvenile. That same day, the trial court entered a separate disposition order that (1) continued custody of Rory with DSS; (2) granted Respondent *73 supervised visitation; and (3) ordered DSS to pursue the goal of reunification with Respondent. Respondent filed a timely notice of appeal. 3

Analysis

I. Trial Court's Order as a Consent Adjudication Order

"[T]he Juvenile Code provides two procedural paths for an adjudication of *917 abuse, neglect, or dependency: an adjudicatory hearing or an adjudication by consent." In re J.S.C. , --- N.C. App. ----, ----, 800 S.E.2d 126 , 128 (2017). A consent adjudication "is the agreement of the parties, their decree, entered upon the record with the sanction of the court[.]" In re Thrift , 137 N.C. App. 559 , 562, 528 S.E.2d 394 , 396 (2000) (citation and quotation marks omitted). N.C. Gen. Stat. § 7B-801(b1) permits a trial court to enter a "consent adjudication order" only if (1) all parties are present or represented by counsel, who is present and authorized to consent; (2) the juvenile is represented by counsel; and (3) the court makes sufficient findings of fact. N.C. Gen. Stat. § 7B-801(b1) (2017).

Separate and apart from the statutory authorization for consent adjudication orders contained in N.C. Gen. Stat. § 7B-801(b1), a different statute- N.C. Gen. Stat. § 7B-807 -allows factual stipulations made by a party to be used in support of an adjudication. In such cases, a record of the stipulation "shall be made by either reducing the facts to a writing, signed by each party stipulating to them and submitted to the court; or by reading the facts into the record, followed by an oral statement of agreement from each party stipulating to them." N.C. Gen. Stat. § 7B-807(a) (2017).

The initial question before us is whether the trial court's 13 September 2017 order was a valid consent adjudication order such that no additional evidence of neglect needed to be introduced at the adjudication hearing and no further substantive findings of fact by the trial court establishing neglect were necessary to support its adjudication as to Rory. We find our decision in In re L.G.I. , 227 N.C. App. 512 , 742 S.E.2d 832 (2013), to be particularly instructive. In L.G.I.

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Cite This Page — Counsel Stack

Bluebook (online)
816 S.E.2d 914, 260 N.C. App. 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rlg-ncctapp-2018.