In re N.R.R.N., ___ N.C. App. ___ (February 5, 2025)

Held: 
Affirmed in Part; Vacated in Part.
  • Facts: Mother and Father claim ineffective assistance of counsel during the adjudication of their infant as abused and neglected. At the adjudicatory hearing, neither parent’s counsel presented evidence, made objections, moved to dismiss the petition, or made any arguments. Both parents had felony child abuse charges pending. Counsel did fully participate in the dispositional hearing following the adjudication.
  • A claim of ineffective assistance of counsel (IAC) requires a respondent to show that counsel’s performance was deficient and deprived the respondent of a fair hearing such that there is a reasonable probability that there would have been a different result in the proceeding but for counsel’s deficiency.
  • Parents did not receive IAC. Review of the hearing transcript suggests the decision not to contest the adjudication and instead argue against ceasing reunification efforts at disposition was a permissible strategy. Mother and Father were both facing felony charges relating to the abuse of the child’s sibling and therefore risked offering incriminating evidence if the adjudication were contested. At disposition, Mother’s counsel cross-examined the social worker, argued against ceasing reunification efforts, and requested an increase in visitation with the child. Father’s counsel also argued against ceasing reunification efforts. Parents cannot show prejudice as there was sufficient evidence presented to conclude the child was neglected based on the sibling’s previous adjudication and the parents’ failure to acknowledge the sibling’s harm or ensure the harm would not occur again.
Category:
Abuse, Neglect, Dependency
Stage:
Appointment of Counsel
Topic:
Ineffective Assistance of Counsel
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ineffective assistance of counsel