In re N.R.R.N., ___ N.C. App. ___ (February 5, 2025)
Held:
Affirmed in Part; Vacated in Part.
- Facts: The infant at issue was adjudicated abused and neglected based on the adjudication of her sibling as abused and neglected. The sibling suffered a near-fatal event while in the exclusive care of Mother and Father in the week following her discharge from the NICU. Mother and Father have never explained how the sibling’s injuries occurred or taken steps to remedy the injurious environment which caused the sibling’s harm. At initial disposition for the infant at issue, the trial court found aggravating circumstances existed and ordered DSS to cease reunification efforts. Mother and Father appeal the dispositional order, arguing the court abused its discretion.
- Appellate courts review an order ceasing reunification efforts “to determine whether the trial court made the appropriate findings, whether the findings are based upon credible evidence, whether the findings of fact support the court’s conclusions, and whether the trial court abused its discretion with respect to disposition.” Sl. Op. at 28 (citation omitted). Conclusions of law are reviewed de novo.
- For juveniles placed in DSS custody, the trial court is required to make written findings of one of the listed circumstances in G.S. 7B-901(c) to order that reasonable efforts towards reunification are not required at initial disposition. One possible circumstance is that “a court of competent jurisdiction determines or has determined that aggravated circumstances exist because the parent has committed or encouraged the commission of, or allowed the continuation of . . . any other act, practice, or conduct that increased the enormity or added to the injurious consequences of the abuse or neglect.” G.S. 7B-901(c)(1)f. The supreme court has interpreted “any other act, practice or conduct” used to cease reunification efforts to require actions of the parent that are in addition to the facts relied on to adjudicate the juvenile as abused or neglected. The trial court erred in determining aggravating circumstances existed to cease reunification efforts under G.S. 7B-901(c)(1)f., and that portion of the disposition order is vacated. The findings supporting the court’s conclusion is limited to Father’s continued failure to explain the sibling’s severe physical injuries. Findings of the parents’ failure to offer an explanation of the sibling’s injuries were heavily relied upon in adjudicating the infant as abused and neglected based on substantial risk of harm, and therefore cannot also be an “other” act increasing the enormity or adding to the injurious consequences of the abuse or neglect of the infant.
- Another circumstance that can be used to cease reasonable efforts is that “a court of competent jurisdiction determines or has determined that . . . the parent has committed a felony assault resulting in serious bodily injury to the child or another child of the parent[.]” G.S. 7B-901(c)(3)(iii). “Based on the Supreme Court’s holdings in In re L.N.H., [382 N.C. 536 (2022), interpreting the 2018 legislative amendments to G.S. 7B-901(c)(3)(iii)] a trial court conducting a juvenile adjudication and disposition for neglect and/or abuse is a ‘court of competent jurisdiction’ to weigh the evidence in determining the existence of felony child assault for the purpose of ceasing reunification efforts.” Sl. Op. at 33 The trial court does not have to wait for felony assault charges to be resolved by another tribunal. If the court has “ample evidence to find by clear, cogent and convincing evidence the existence of a felony child assault, it may make the appropriate findings of fact” to cease reunification efforts.” Sl. Op. at 33. The trial court properly determined aggravating circumstances existed to cease reunification efforts under G.S. 7B-901(c)(3)(iii). The trial court was a court of competent jurisdiction with ample evidence to determine the existence of felony child assault against the sibling.
Category:
Abuse, Neglect, DependencyStage:
Cease ReunificationTopic:
Findings of Fact