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In re B.M.

N.C. Ct. App.May 1, 2007No. No. COA06-844.Cited 51 times
RemandedIn re B.M.

Case Details

Judge(s)
McCullough
Status
Published
Procedural Posture
Appellate review of adjudication and disposition stage juvenile court proceedings; remanded for additional findings

Related Laws

No specific laws identified for this ruling.

Outcome

Appellate court affirmed the adjudication of child neglect but reversed and remanded the dependency findings, requiring the trial court to make specific findings regarding parental capacity for care and availability of alternate arrangements.

Excerpt

<bold>1. Child Abuse and Neglect — delay in adjudicatory hearing — no</bold> <bold>prejudice</bold> <block_quote> It is much more difficult to show prejudice from delays in juvenile adjudicatory hearings where parental status is not in issue than in hearings on the termination of parental rights; a sharp distinction must be drawn between the focus of those hearings. Here, respondents did not show prejudice as the result of any delay in holding a juvenile adjudicatory hearing where the presiding judge had entered numerous continuances.</block_quote> <bold>2. Child Abuse and Neglect — conclusion of neglect — supported by</bold> <bold>evidence</bold> <block_quote> The conclusion that a juvenile was neglected was supported by the mother's admission that she had used cocaine for at least two months prior to his birth, she and the child had tested positive for cocaine at the time of birth, there was evidence of domestic violence between respondents, the mother refused to sign a second Safety Assessment Plan, and she also refused to<page_number>Page 85</page_number> agree to remain in the home of the grandmother to ensure the child's safety.</block_quote> <bold>3. Child Abuse and Neglect — neglect and dependency — no separate</bold> <bold>findings about father — status of child in issue</bold> <block_quote> The issue at an adjudication and disposition stage is the status of the juvenile and not the assignment of culpability; there was no merit to the contention here that the trial court erred by not making findings as to the father regarding neglect and dependency of the child.</block_quote> <bold>4. Child Abuse and Neglect — adjudication of dependency" findings —</bold> <bold>ability of parent to provide care — availability of alternate care</bold> <block_quote> An adjudication of dependency was reversed and remanded for findings as to the ability of the parent to provide care or supervision and the availability of alternate child care arrangements.</b

Similar Rulings

In re C.M.
N.C. Ct. App.May 2007

<bold>1. Child Abuse and Neglect — adjudication of neglect — clear, cogent, and</bold> <bold>convincing evidence</bold> <block_quote> Clear, cogent, and convincing evidence supported the conclusion that a child did not receive proper care and supervision and that the neglect was likely to result in physical, mental, or emotional impairment or a substantial risk of such impairment.</block_quote> <bold>2. Child Abuse and Neglect — findings — use of psychological evaluations</bold> <bold>and reports from GAL and social worker</bold> <block_quote> The trial court's extensive adjudicatory and dispositional findings in a child neglect proceeding showed that the court made its own determination of the facts and did not simply adopt reports from a social worker and the guardian ad litem and psychological evaluations. A court may consider written reports and make findings based on these reports so long as it does not broadly incorporate them as its findings.</block_quote> <bold>3. Child Abuse and Neglect — reunification efforts — futility — no one to</bold> <bold>supervise respondents</bold> <block_quote> The trial court did not err in a child neglect proceeding by ceasing reunification efforts where the findings supported the conclusion that continued reunification efforts would be futile.</block_quote> <bold>4. Child Abuse and Neglect — neglect — termination of visitation</bold> <block_quote> The termination of respondent mother's visitation was the result of a reasoned decision where it was supported by the findings and the evidence. The mother's parental rights to a sibling had been terminated and the parents had not made progress in working with DSS to parent this child.</block_quote> <bold>5. Appeal and Error — appealability — temporary dispositional order</bold> <block_quote> Respondent father is not entitled to appeal a temporary dispositional order in a child neglect proceeding. N.C.G.S. § <cross_reference>7B-1001</cross_reference>(a)(3) spe

Defendant Win
In re R.B.B.
N.C. Ct. App.Dec 2007

<bold>1. Termination of Parental Rights — combined with abuse hearings —</bold> <bold>reunification efforts futile or dangerous</bold> <block_quote> The trial court did not err by simultaneously conducting all adjudicatory and dispositional hearings related to both a child abuse and neglect petition and the termination of parental rights where the court found that reunification efforts would be dangerous or futile. The importance of clarity of findings and conclusions was emphasized.</block_quote> <bold>2. Termination of Parental Rights — reunification efforts not required —</bold> <bold>threat of harm to child</bold> <block_quote> The trial court properly complied with N.C.G.S. § <cross_reference>7B-507</cross_reference> in a child abuse and termination of parental rights proceeding where it did not require DSS to use reasonable efforts for reunification. The court found that the threat of harm to the child made it too dangerous to use reasonable efforts to reunify the child with respondent.</block_quote><page_number>Page 640</page_number> <bold>3. Termination of Parental Rights — basis — detailed findings of abuse</bold> <block_quote> The trial court did not err by finding and concluding that respondent's parental rights should be terminated. Although respondent contended that the termination was based on a felony child abuse charge, it is clear that the trial court based the termination on detailed findings and conclusions as to the ongoing, severe, and repeated abuse of the child.</block_quote> <bold>4. Termination of Parental Rights — best interests of child factors</bold> <block_quote> The trial court did not abuse its discretion by finding and concluding that it was in a child's best interests to terminate parental rights where the court properly considered the factors enumerated in N.C.G.S. § <cross_reference>7B-1110</cross_reference>(a).</block_quote>

Plaintiff Win
In re: C.S.R.
N.C. Ct. App.Sep 2025

termination of parental rights; hearsay evidence; preservation of objections; abuse and neglect; child welfare proceedings.

Unresolvable
In Re Sophia S.
Tenn. Ct. App.Jul 2021

A mother appeals the termination of her parental rights to her two children. The juvenile court concluded that there was clear and convincing evidence of severe abuse by the mother and that termination was in the children's best interests. On appeal, the mother challenges whether there was clear and convincing evidence to support the court's best interest determinations. In weighing the statutory best-interest factors, she contends the trial court did not properly consider her completion of permanency plan requirements and nearly fifteen months of drug-free tests. The mother also complains that she was denied contact with her children by court order shortly after their removal and, despite her progress, was thwarted in her efforts to reestablish contact. We affirm.

Defendant Win
In re: A.C.
N.C. Ct. App.Apr 2026

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