In re J.C.B., 233 N.C. App. 641 (2014)
Held:
Reversed in Part
- G.S. 7B-101(15) includes in the definition of neglect that it is relevant whether the juvenile lives in a a home where another juvenile has been abused or neglected by an adult who regularly lives in the home. However, a finding of prior abuse of another child alone is insufficient to support an adjudication of neglect. There must be evidence of other factors showing the abuse or neglect is likely to be repeated.
- There were no findings of fact that the children were abused themselves or aware of the other child's abuse or that there was a substantial risk that the abuse or neglect might be repeated. The findings that were in the order do not support the conclusion of law that the children were neglected.
- Facts: This action involves three children who were adjudicated neglected after the respondent father/custodian in this action was found to have sexually abused a different child who spent the night at his home for a children's sleepover. The other child was adjudicated abused in a different action. The trial court found the abuse of the other juvenile in the home at a time when the three children in this action were present created a substantial risk that abuse or neglect of the three children might occur even though there was little evidence about the children involved in this action and no evidence that any of them were exposed to other child's abuse.
- Note, the companion case is In re R.R.N., 368 N.C. 167 (2015). Ultimately, the NC Supreme Court reversed the adjudication of R.R.N. as an abused juvenile based on the lack of caretaker status between the child and adult who is a respondent in this (In re J.C.B) action.
Category:
Abuse, Neglect, DependencyStage:
AdjudicationTopic:
Neglect