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).
- 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).
- G.S. 7B-101(9) defines a dependent juvenile as one “in need of assistance or placement because (i) the juvenile has no parent, guardian, or custodian responsible for the juvenile’s care or supervision or (ii) the juvenile’s parent, guardian, or custodian is unable to provide for the juvenile’s care or supervision and lacks an appropriate alternative childcare arrangement.” Findings of fact must be made as to both parents’ ability to provide care or supervision and both parents’ availability of alternative child care arrangements. If one parent is capable of providing or arranging for the child’s care and supervision, the child cannot be adjudicated dependent.
- The trial court’s conclusion that the child was not a dependent juvenile is supported by the findings, including that both parents lived with the child in the home and the conditions of the home did not present a danger to the child. No evidence in the record suggested that the cleaning supplies found on the counters in the home were accessible or hazardous to the child; that Father’s alcohol consumption affected the child; or that the child was present or harmed during domestic arguments, which were also found to have been less frequent with Father’s engagement in treatment. The facts suggest at least one parent was able to supervise or care for the child.
Category:
Abuse, Neglect, DependencyStage:
AdjudicationTopic:
Dependency