In re T.B.

692 S.E.2d 182, 203 N.C. App. 497, 2010 N.C. App. LEXIS 652
CourtCourt of Appeals of North Carolina
DecidedApril 20, 2010
DocketNo. COA09-1401
StatusPublished
Cited by18 cases

This text of 692 S.E.2d 182 (In re T.B.) 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 T.B., 692 S.E.2d 182, 203 N.C. App. 497, 2010 N.C. App. LEXIS 652 (N.C. Ct. App. 2010).

Opinion

ERVIN, Judge.

Respondent-Mother Evelyn P appeals from an order adjudicating T.B. (Tim), C.P. (“Carl”), and I.P. (“Ida”)1 as dependent juveniles. On appeal, Respondent-Mother challenges the trial court’s decision to adjudicate Tim, Carl, and Ida as dependent juveniles; the trial court’s failure to decide whether Tim, Carl, and Ida were neglected juveniles; and the trial court’s failure to establish a visitation plan for Respondent-Mother at the dispositional phase of this proceeding. After careful consideration of the arguments advanced in [499]*499Respondent-Mother’s brief in light of the record and the applicable law, we affirm the trial court’s order in part and reverse and remand this case for further proceedings in part.

On 1 June 2009, the Chatham County Department of Social Services filed juvenile petitions alleging that Tim, Carl, and Ida were neglected and dependent juveniles. The petitions were filed following an altercation at school between Tim and another student which occurred on 28 May 2009. According to DSS, Tim

became angry with another student and started a fight. When school personnel intervened, [Tim] attempted to stab a student and teacher; fought with law enforcement and had to be physically restrained. [Tim] was taken to the ER where it was determined that non-secure custody should be requested.

DSS stated that Tim had been diagnosed with: (1) attention deficit disorder; (2) mood disorder; (3) oppositional defiant disorder; and (4) a learning disorder. DSS further alleged that Tim was an exceptional child and had an Individualized Education Program (IEP) at school. DSS asserted that Respondent-Mother had “not attended to [Tim’s] special needs and may have inappropriately disciplined him for his aberrant behavior.” DSS further claimed that Tim’s siblings, Carl and Ida, were also exceptional children and each had an IEP at school. DSS stated that “[t]hey have missed several days from school and have been observed at home, unsupervised, for long periods of time.” DSS alleged that Respondent-Mother had also failed to attend to Carl’s and Ida’s special needs.

According to DSS, Respondent-Mother had been diagnosed with paranoid schizophrenia and was not taking her medication as prescribed. DSS alleged that “Respondent[-M]other claims that everyone is out to get her and that she has hired an attorney to sue the school, DSS and others who have discriminated against her. She claims to have filed complaints with the NAACP.” DSS further stated that Respondent-Mother had recently relocated the family to Chatham County, had moved the family “numerous times,” and that similar “circumstances” had occurred in other jurisdictions. Tim, Carl, and Ida were removed from Respondent-Mother’s care based upon the issuance of non-secure custody order.

An adjudicatory and dispositional hearing was held before the trial court on 23 July 2009. On 21 August 2009, the trial court entered a written adjudicatory and dispositional order, nunc pro tunc to 23 July 2009 (the 21 August 2009 order). The trial cohrt found that Tim, [500]*500Carl, and Ida were dependent juveniles, but did not rule on the allegation of neglect, stating that the neglect allegation should remain pending before the court. At the dispositional phase of the proceeding, the trial court awarded custody of Tim, Carl, and Ida to DSS based upon a conclusion that it was not in their best interests to return home. On 25 August 2009, Respondent-Mother noted an appeal to this Court from the trial court’s order.

On appeal, Respondent-Mother first contends that the trial court erred by concluding that Tim, Carl, and Ida were dependent juveniles. A “dependent juvenile” is:

A juvenile in need of assistance or placement because the juvenile has no parent, guardian, or custodian responsible for the juvenile’s care or supervision or whose parent, guardian, or custodian is unable to provide for the care or supervision and lacks an appropriate alternative child care arrangement.

N.C. Gen. Stat. § 7B-101(9). “In determining whether a juvenile is dependent, ‘the trial court must address both (1) the parent’s ability to provide care or supervision, and (2) the availability to the parent of alternative child care arrangements.’ ” In re B.M., 183 N.C. App. 84, 90, 643 S.E.2d 644, 648 (2007) (quoting In re P.M., 169 N.C. App. 423, 427, 610 S.E.2d 403, 406 (2005)). “Findings of fact addressing both prongs must be made before a juvenile may be adjudicated as dependent, and the court’s failure to make these findings will result in reversal of the court.” Id. (citing In re K.D., 178 N.C. App. 322, 328-29, 631 S.E.2d 150, 155 (2006)). In an abuse, neglect or dependency case, review is limited to the issue of whether the conclusion is supported by adequate findings of fact. In re Helms, 127 N.C. App. 505, 511, 491 S.E.2d 672, 676 (1997).

In this case, the trial court made the following findings of fact in support of its conclusion that Tim, Carl, and Ida were “dependent juveniles”:

5. A neglect report was made to [DSS] on April 23, 2009. The report indicated that the children lived in an environment injurious to their welfare and that they were not being properly supervised. The report came on the heels of [Tim’s] failure to attend school.
6. The report was accepted and an investigation undertaken. During the course of the investigation, [DSS] became aware that the family has moved many times both from state to state and [501]*501county to county; that the children have been moved from school to school with no stability in their lives; that all three children are special needs children and that Respondent[-M]other has mental health problems.
7. Respondent[-M]other has a significant other, Shirley King, who has been with Respondent[-M] other and the children for twelve or thirteen years and who [has] acted as a parent to the children. She is also the payee for Respondent[-M] other’s Social Security Disability Income check.
9. Respondent[-M]other reports a history of abuse by . . ., [the] father of the children. She reports that he is violent, follows her when she moves to a new place and that she fears for her safety. She does not know [the father’s] whereabouts, his social security number, or his birth date. She believes [that] there are outstanding warrants for his arrest in Maryland. Respondent[-M] other claims that her relocation from place to place has been, in part, to run from [the father] and to keep her children safe.
10. During the course of the investigation of this case, non-secure custody of [Tim] was granted to [DSS], after he was involuntarily committed for psychiatric care. A juvenile petition was filed on all three children. [Tim] was committed and non-secure custody was granted after he assaulted school staff, a student and police officers and caused property damage at school. . . . Additionally, [DSS] had reason to believe that Respondent[M] other and Ms. King planned to flee the area in order to avoid [DSS] involvement.
11.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re: L.B. & A.B.
Court of Appeals of North Carolina, 2024
In re: A.J., J.C.
Court of Appeals of North Carolina, 2023
In re: D.S.
Court of Appeals of North Carolina, 2022
In re: Q. M.
Court of Appeals of North Carolina, 2020
In re: Z.D.
812 S.E.2d 668 (Court of Appeals of North Carolina, 2018)
In re: H.L.
807 S.E.2d 685 (Court of Appeals of North Carolina, 2017)
In re: O.D.S.
786 S.E.2d 410 (Court of Appeals of North Carolina, 2016)
In re: C.M.G.
Court of Appeals of North Carolina, 2015
In re: D.H., J.H.
Court of Appeals of North Carolina, 2015
In re K.T.
Court of Appeals of North Carolina, 2014
In re T.S.
Court of Appeals of North Carolina, 2014
In re N.K.
Court of Appeals of North Carolina, 2014
In re A.B.
Court of Appeals of North Carolina, 2014
In re J.P.
742 S.E.2d 853 (Court of Appeals of North Carolina, 2013)
In Re TB
692 S.E.2d 182 (Court of Appeals of North Carolina, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
692 S.E.2d 182, 203 N.C. App. 497, 2010 N.C. App. LEXIS 652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tb-ncctapp-2010.