In re G.B.G., ___ N.C. App. ___ (February 19, 2025)
Held:
Dismissed in Part; Affirmed in Part.
- Facts: Mother and Father are the biological parents of a one-year old. Mother consented to DSS’s request for Mother’s fifteen-year old daughter (shared with a different father) to live with Mother, Father, and the younger child. DSS received a report of concerns for domestic violence in the home, Father’s alcohol addiction, and the older child’s behavioral issues that included engaging in altercations in the home and incidents of self-harm. After an investigation substantiated these allegations and additionally found concerns with the conditions of the home, DSS ultimately filed petitions alleging both children neglected and dependent. The trial court adjudicated the older child neglected, dismissed the allegation of dependency as to the older child, and dismissed the neglect and dependency petition as to the younger child. DSS appeals, challenging the dismissal of the petition as to the younger child as neglected and dependent.
- An appellate court reviews an adjudication of abuse, neglect, or dependency “to determine (1) whether the findings of fact are supported by clear and convincing evidence, and (2) whether the legal conclusions are supported by findings of fact.” Sl. Op. at 10 (citation omitted).
- G.S. 7B-101(15) defines a neglected juvenile as one “whose parent, guardian, custodian, or caretaker . . . [d]oes not provide proper care, supervision, or discipline[, or] [c]reates or allows to be created a living environment that is injurious to the juvenile’s welfare.” G.S. 7B-101(15)(ii)a., e. Appellate courts have “additionally required that there be some physical, mental, or emotional impairment of the juvenile or a substantial risk of such impairment as a consequence of the failure to provide proper care, supervision, or discipline.” Sl. Op. at 13 (citation omitted) (emphasis in original). G.S. 7B-101(15) provides that “it is relevant whether the juvenile lives in a home where another child has been subjected to abuse or neglect by an adult who regularly lives in the home.” However, to conclude a child lives in an injurious environment, “the clear and convincing evidence in the record must show current circumstances that present risk to the juvenile.” Sl. Op. at 15 (citation omitted).
- Adjudication hearings are “designed to adjudicate the existence or nonexistence of any of the conditions alleged in the petition.” G.S. 7B-802. “This inquiry focuses on the status of the child at the time the petition is filed, not the post-petition actions of a party.” Sl. Op. at 16 (citation omitted). The court properly considered evidence that Father suffered from alcohol addiction, entered rehabilitation and began abstaining from alcohol. Father testified that he received treatment and stopped drinking after DSS was involved but before the petition was filed. This testimony about events that occurred before the petition was filed was uncontroverted.
- The trial court’s findings that the conditions of the home, which included cleaning products being left on the counter and stove and clutter, were not a danger to the one-year child were based on reasonable inferences the trial court made based on the evidence presented. “The trial court determines the weight to be given the testimony and the reasonable inferences to be drawn therefrom.” Sl. Op. at 17 (citation omitted).
- The trial court’s findings support the conclusion that the younger child is not a neglected juvenile. Findings regarding domestic violence in the home included that no evidence was presented that suggests the child witnessed the domestic violence incidents or had been affected by the incidents. The record lacks evidence that the child was at risk of harm due to domestic violence as findings showed arguments had become less frequent since Father was actively engaged in alcohol abstinence and regularly attending AA meetings. The adjudication of the sibling as neglected is relevant. However, the facts surrounding the older sibling’s adjudication are “inherently different” and are insufficient to adjudicate the younger child as neglected: the sibling was fifteen versus this child’s age of one-and-a-half; the sibling suffered untreated mental health issues for which parents provided no reasonable treatment; the sibling engaged in self-harm twice; and the sibling was exposed to and participated in domestic conflicts in the home.
Category:
Abuse, Neglect, DependencyStage:
AdjudicationTopic:
Neglect