NC appeals court overturns child abuse ruling over unsigned stipulation

SUMMARY

• NC Court of Appeals vacates abuse and neglect adjudication.
• Trial court relied solely on unsigned stipulation not agreed to by mother.
• Mother’s request for evidentiary hearing was denied.
• Case remanded for full adjudicatory hearing.

The North Carolina Court of Appeals vacated a trial court’s order adjudicating two minor children abused and neglected and awarding sole custody to the father, finding the adjudication lacked evidentiary support.

The mother appealed, arguing the trial court improperly relied on a stipulation she did not sign or agree to and denied her request for a hearing on the merits.

The appellate court agreed, holding that the findings of fact were not supported by clear and convincing evidence and could not justify the legal conclusion that the children were abused or neglected.

The 17-page opinion is In the Matter of T.C. & L.B.C.

At the adjudication hearing, the only evidence offered was a stipulation of facts that addressed the mother’s alleged conduct. The mother neither signed the stipulation nor authorized her attorney to do so, and her attorney explicitly objected to its admission. Despite the objection, the trial court adopted the stipulation as the basis for its findings.

The Moore County Department of Social Services acknowledged that the stipulation had not been signed by all parties, but the trial court proceeded to rely solely on it to adjudicate abuse and neglect and to enter a disposition order granting the father full custody.

The appellate court found that the trial court erred by treating the unsigned stipulation as competent evidence. Because no other evidence was presented, the findings of fact lacked the clear and convincing evidentiary support required to adjudicate abuse or neglect. The court vacated the adjudication and disposition orders and remanded the case for a full adjudicatory hearing, allowing the parties to present evidence regarding the allegations.

EXTERNAL LINKS

• North Carolina Court of Appeals Opinions
• North Carolina General Statutes: Juvenile Law
• Moore County Department of Social Services