Domestic Relations – Parent & Child – Neglect Adjudication – Domestic Violence & Lack of Cooperation

Where the respondent-Mother (1) exposed her children to domestic violence (2) refused to cooperate with DSS, and (3) had previous DSS involvement with her son, “Quran,” in which Quran was placed in foster care, these and other factors support an adjudication of neglect for Mother’s four children.

We affirm the adjudication of neglect.

Dissent

(Wood, J.) The majority holds today that a child may be found neglected when the mother is the victim of assault (and reports the assaults to authorities), engages in sexual relations with her partner while her four-month-old child is present, inconveniences DSS after alleged instances of neglect, and experienced a previous, unspecified encounter with DSS in which her child was in foster care for unknown reasons. These facts, taken as true, separately or combined, do not support a finding of neglect under G.S. § 7B-101(15); the trial court erred when it held otherwise.

In re L.M. (Lawyers Weekly No. 012-214-23, 19 pp.) (Jefferson Griffin, J.) (April Wood, J., dissenting) Appealed from Cumberland County District Court (Luis Olivera, J.) Patrick Kuchyt for petitioner; Rebekah Davis for respondent; Matthew Wunsche for guardian ad litem. North Carolina Court of Appeals (unpublished)