Matter of Chasse

446 S.E.2d 855, 116 N.C. App. 52, 1994 N.C. App. LEXIS 864
CourtCourt of Appeals of North Carolina
DecidedAugust 16, 1994
Docket9314DC203
StatusPublished
Cited by6 cases

This text of 446 S.E.2d 855 (Matter of Chasse) 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
Matter of Chasse, 446 S.E.2d 855, 116 N.C. App. 52, 1994 N.C. App. LEXIS 864 (N.C. Ct. App. 1994).

Opinion

*55 McCRODDEN, Judge.

The guardian makes numerous assignments of error to the court’s conduct of the hearing and its order, and presents four arguments in support thereof: (I) that the trial court erred in prohibiting an alleged expert witness from testifying about adult sexual offender treatment, (II) that the court erred in denying the guardian’s motion to recall the child’s therapist to testify, (III) that the court erred in allowing the child to meet with his parents in the courthouse, and (IV) that the court’s order was not supported by sufficient findings of fact and the findings did not support the conclusions of law. We find no reversible error and affirm the order of the trial court.

Joseph Chasse was born on 23 June 1983, and was adopted by respondents in late 1983. According to medical records, the child’s biological mother used cocaine and heroin throughout her pregnancy, causing addiction in the child who underwent withdrawal for several weeks after birth. In 1987, the child was diagnosed with Attention Deficit Hyperactivity Disorder. Until early 1991, the child resided with his parents in Germany, where the father was stationed in the military; at that time, respondents sent him to live with his adoptive brother Gerald. In April 1991, Gerald, unable to handle the child’s behavior, arranged for Joseph to stay at the Agape Corner School (Agape), a private, non-profit boarding school in Durham. While there, he lived in an apartment with Agape’s director, Louise Roude-bush, and developed some attachment to her.

In early October 1991, the child was evaluated by the Durham Community Guidance Clinic (the DCGC) to determine his intellectual, academic, and personality conditions. The evaluation concluded that he was learning disabled in reading and mathematics under formal North Carolina criteria, that he was an “extremely fearful and anxious child, who provides evidence of generalized fearfulness, separation-related anxieties, and fears of physical harm.” The staff determined that these findings were consistent with a traumatic stress response, and that the findings, considered with his statements, suggested that he might have been exposed to physical and/or sexual abuse. Based on these findings, the DCGC recommended that he be assessed for possible sexual and physical abuse.

Nancy Berson, of the University of North Carolina Hospitals Child Trauma and Maltreatment Team, interviewed the child on several occasions. During these interviews the child stated that on *56 numerous occasions when he was living with his parents in Germany, the mother had hurt his private parts and had made him touch her genital area and that on at least one occasion his father had seen this happening and had told the mother to stop but with no success. The Child Trauma and Maltreatment Team reported the results of its interviews to Durham DSS.

In late 1991, respondents returned to the United States and were stationed at Fort Bragg in Cumberland County. The mother contacted Agape and the DCGC to gain information about the child and indicated to Agape that she wished to retake custody of the child. However, on 30 January 1992, she spoke with a doctor at DCGC and indicated that she was not interested in taking custody of the child at that time but merely wanted to ensure the appropriateness of his placement.

In December 1991, Durham DSS filed a petition alleging abuse and neglect of the child for whom it obtained nonsecure custody. Although Durham DSS opposed the placement of the child with Agape, the court ordered that the child continue to reside at Agape until the adjudicatory hearing.

The mother’s 24 July 1992 motion, following the adjudication of abuse and neglect, alleged that a psychologist and a psychiatrist in Cumberland County had evaluated her and had determined that she would pose no threat to the child; that Cumberland County Department of Social Services (Cumberland DSS) had agreed to evaluate and place the child within Cumberland County; and that DSS had located an opening for placement of the child in Cumberland County. She requested visitation with the child, relocation of the child to Cumberland County, and a transfer of custody to Cumberland DSS. On 20 August 1992, the case came up for review.

At the hearing, Durham DSS called Valerie Wylly, a social worker with the Rumbaugh Mental Health Clinic (the Clinic) in Fayetteville, to testify as to the services that would be available to the child if the court transferred him to Cumberland County. According to her testimony, the Clinic is a unique demonstration program co-funded by the Department of the Army and the State of North Carolina that provides comprehensive mental health services to military dependents. She testified that she had interviewed the child to determine if he would be eligible to receive services from the Clinic and, upon determining that he was eligible, the treatment team recommended a therapeutic home, further therapy, and a neuropsychological examination for the child. She further testified that having to move to Cumberland Coun *57 ty would be traumatic for the child because he had formed a bond with Roudebush and because he had been moved several times in the past.

Susan Shields, the supervisor of the social worker assigned to the child, testified that, by law, Durham DSS was required to work toward the reunification of a child with his parents and that such was the goal of Durham DSS in this case. Shields also testified that she understood that the child had developed a close relationship with Roudebush but that she believed that the child was not doing well at Agape.

Gael McCarthy, who had been the child’s therapist since April 1992, testified that she believed that the child’s placement at Agape was meeting his needs and that he should stay there. She testified that she believed that reunification of the child with his parents was not a reasonable goal because of the alleged sexual abuse. She stated that:

[M]ost sex offender treatment takes three to five years when it’s successful. In severe cases involving allegations of physical coercion, it’s very rarely successful. There will be, I think, more evidence to that effect in future years. There is certainly some in the literature right now that adult sex offender treatment is, in the average case, not successful.

McCarthy further testified that the child had repeatedly expressed his desire to remain at Agape, that she believed that moving him from Agape to a therapeutic foster home, either in Durham or Cumberland County, would be traumatic for him, and that she could cite no reason for moving him.

The child’s guardian ad litem called Dr. Richard Rumer, a psychologist, to testify. However, the trial court refused to allow him to testify as to adult sexual offenders because he had no personal knowledge of adult sex offenders.

Upon the recommendation of McCarthy, the court allowed the child to testify at the hearing. He testified that he wanted to stay at Agape because he felt safe there and that he did not want to return to his parents’ house because his mother had done “ugly things” to him. He stated that on the previous night he had engaged in sexual behavior with his roommate at Agape, a fourteen-year-old boy named Roger.

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Cite This Page — Counsel Stack

Bluebook (online)
446 S.E.2d 855, 116 N.C. App. 52, 1994 N.C. App. LEXIS 864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-chasse-ncctapp-1994.