In re B.C., _ N.C. App. _ (March 19, 2025)

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Held:

Affirmed in Part; Vacated in Part.

Facts: DSS became involved with the family when Mother reported to the police that Father physically and sexually abused their two children. Mother told the police that she became concerned about the children sleeping with their Father upon discovering that the children had been masturbating. During forensic interviews with the DSS investigator, neither child reported sexual abuse or domestic violence. Though the investigator did not find Mother’s report credible, DSS assisted Mother in obtaining a DVPO and entered a safety plan with Mother. Mother then made, and shared with DSS, an audio recording of herself talking to the children about the allegations against their Father. DSS became concerned that Mother was coaching the children and advised Mother not to ask the children leading questions about the allegations against Father. Mother subsequently took video recordings of the two children masturbating and shared the video with DSS in order to request another forensic interview with one of the children. After the DSS investigator declined, Mother received a referral for medical examinations and forensic interviews from a pediatrician’s office. During these interviews one of the children stated Father would “rub his private[s]” while she was sleeping with him, and the other reported that Father sometimes punched or hit her. Both children again denied being touched inappropriately and reported their belief that the examination was a result of the parents getting a divorce. DSS’s investigation later revealed that six months prior to Mother’s police report, Mother communicated with a “spiritual adviser” where she was told her children had been sexually abused in their past lives and the resulting trauma could only be relieved through orgasm. Forensic investigations in the civil custody case resulted in concern for the consistency of the allegations against Father and the potential damage to the children’s relationship with their Father. While the investigation into the allegations against Father were ongoing, DSS ultimately filed a petition alleging the children abused, neglected, and dependent based on Mother’s behavior upon learning that Mother testified in the civil custody case describing the video recording of the children masturbating and a “ceremony” she conducted with the children where photos of Father were burned. The children were adjudicated on all three grounds. The trial court ordered that the children remain in the custody of DSS and kinship placement. Mother appeals the trial court’s adjudication and disposition order.
Abuse, neglect, and dependency adjudications are reviewed on appeal to “determine whether the findings are supported by clear, cogent and convincing evidence and the findings support the conclusions of law.” Sl. Op. at 6. Conclusions of law are reviewed de novo.
Recitations of the pleadings or other sources (in this case the expert witness’s report) in the trial court’s findings is not per se reversible error. The reviewing court must examine “whether the record of the proceedings demonstrates that the trial court, through processes of logical reasoning, based on the evidentiary facts before it, found the ultimate facts necessary to dispose of the case.” Sl. Op. at 8 (citation omitted). Findings of fact that describe testimony are permissible “so long as the court ultimately makes its own findings, resolving any material disputes.” Sl. Op. at 8 (citation omitted). The trial court acts as fact-finder and determines the weight of the evidence. Appellate courts cannot reweigh the evidence.
Challenged findings are supported by clear, cogent, and convincing evidence, including testimony of Mother and the forensic examiner, and reports from the forensic examiner and DSS. The court made explicit credibility findings resolving disputed material facts. It is not error to include resources an expert consulted in forming their opinion and those resources need not be admitted or admissible into evidence. The court properly adopted the findings and recommendations of the forensic report after determining credibility. The findings do not show unreconciled inconsistencies. The court used a process of logical reasoning when making findings that used the wording of evidentiary materials as well as its own independent findings of fact.
An abused juvenile is one whose parent “[c]reates or allows to be created serious emotional damage to the juvenile[, as] . . . evidenced by [the] juvenile’s severe anxiety, depression, withdrawal, or aggressive behavior toward himself or others.” G.S. 7B-101(1)e. A neglected juvenile is one whose parent has “[c]reate[d] or allow[ed] to be created a living environment that is injurious to the juvenile’s welfare.” G.S. 7B-101(15)(e). Appellate courts have 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 17 (citation omitted).
The abuse and neglect adjudications are supported by the findings. Findings include that Mother coached the children regarding allegations of sexual abuse against Father; took actions to subject the children to unnecessary evaluations; acted to alienate the children from their Father; failed to cooperate with professionals and ignored court orders regarding the forensic evaluation; actively interfered with DSS’s investigation; attempted to record the children masturbating and discussed their behavior with others; and did not acknowledge the impact her actions had on her children. Further findings state that Mother’s actions caused or escalated significant emotional harm and distress to the children, whether or not the sexual abuse allegations against Father are true.
Mother’s only challenge to the disposition order was that the order was based on the unsupported and erroneous adjudicatory findings. Having affirmed the abuse and neglect adjudications, the disposition order is left undisturbed.