Court affirms abuse and neglect findings, vacates dependency ruling |

North Carolina Lawyers Weekly Staff//April 25, 2025//

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The North Carolina Court of Appeals affirmed the adjudication of two minor children as abused and neglected but vacated the district court’s conclusion that the children were also dependent juveniles.

The case arose from the respondent-mother’s appeal challenging both the trial court’s findings and its legal conclusions.

The mother argued that the district court improperly adopted findings directly from juvenile petitions and failed to resolve inconsistencies in the evidence. The appellate court rejected both claims, noting that verbatim use of party submissions is not inherently erroneous and that courts may describe testimony if they ultimately make independent findings. The court concluded that the trial judge employed logical reasoning and made sufficient independent factual findings based on the record.

The court upheld the abuse and neglect adjudications, finding substantial evidence that the mother caused emotional harm to the children, obstructed investigations, refused to follow professional recommendations, and sought to alienate the children from their father. These actions met the statutory requirements for abuse and neglect, and the district court’s conclusions were supported by the evidence.

However, the court found no evidentiary support for a key component of the dependency finding — specifically, the assertion in one finding that the parents lacked appropriate alternative childcare options. Because this portion of the dependency finding lacked clear, cogent, and convincing evidence, the court vacated the dependency adjudication.

The mother also raised due process concerns, alleging she was prevented from presenting evidence and that the court improperly relied on the father’s stipulation. The court dismissed these arguments, finding no procedural error.

The ruling leaves the disposition order in place but limits the adjudication to abuse and neglect.

The 26-page opinion is In the Matter of B.C., I.C., Lawyers Weekly No. 011-070-25.