In re B.C., ___ N.C App. ___ (March 19, 2025)
Held:
Affirmed in Part; Vacated in Part.
- Facts: Mother appeals the trial court’s order adjudicating her two children as abused, neglected, and dependent based on findings that Mother coached the children regarding sexual abuse allegations against Father, subjected the children to unnecessary evaluations, failed to cooperate with professionals and ignored court orders, and actively interfered with DSS’s investigation of the allegations against Father. This summary addresses Mother’s arguments that her due process rights were violated at the adjudicatory hearing because (1) she was prohibited from presenting a full defense and relevant evidence concerning the sexual abuse allegations against Father during the adjudicatory hearing, and (2) the court impermissibly relied on Father’s stipulation that the sexual abuse allegations existed but Father denied were true.
- The court did not improperly prohibit Mother from presenting a full defense and relevant evidence during the adjudication hearing. Sustained objections to Mother’s evidence, including her own testimony and witness testimony, were based on the form of the evidence presented rather than to prohibit Mother from presenting evidence related to the sexual abuse allegations against Father. Sustained objections were for leading questions, questions asked and answered, and impermissible hearsay. Further, the record shows that the allegations against Father were referred to and discussed throughout the hearing by most witnesses. Findings of fact in the adjudication order include that the allegations against Father were still under investigation by DSS, Mother had interfered with and hampered that investigation, and that whether or not the sexual abuse happened, Mother’s handling of the situation had traumatized the children.
- G.S. 7B-807(a) allows the trial court to accept the parties’ stipulations to adjudicatory facts. “A record of specific stipulated adjudicatory facts shall be made by either party 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.” Sl. Op. at 24, quoting G.S. 7B-807 (emphasis added in original). Father’s stipulation was legally sufficient under G.S. 7B-807. Father’s counsel stated for the record in open court that Father stipulated to the fact that sexual abuse allegations had been made against him as alleged in the petitions and denied the allegations as true. The trial court did not improperly rely on Father’s stipulation for the purpose of clarifying the bases of the petitions – the concern for the children’s well-being due to Mother’s actions and interference with the DSS investigation and related court orders. The petitions state, the DSS supervisor testified, and the court found that the petitions were filed due to these concerns.
Category:
Abuse, Neglect, DependencyStage:
Adjudicatory HearingTopic:
Evidence