844 S.E.2d 368
N.C. Ct. App.2020Background
- Amy, born 2011, was discovered in September 2017 locked in a closet at Father’s home, emaciated (28 pounds at age five), surrounded by rat poison, paint, and exposed wiring, with injuries and signs of starvation and abuse.
- DSS obtained nonsecure custody on 13 September 2017 and filed a juvenile petition alleging Amy was abused, neglected, and dependent; adjudication hearings occurred March–June 2018 and Amy was adjudicated abused, neglected, and dependent on 11 July 2018.
- The disposition order (7 January 2019) left placement authority with DSS and required continued reunification efforts with Mother; Mother appealed.
- Mother has documented mental health and substance issues and had very limited caretaking contact with Amy in the years preceding the removal.
- On appeal Mother challenged (1) the trial court’s taking of judicial notice of prior nonsecure orders and (2) the sufficiency of Finding of Fact 129 / Conclusion of Law 5 that the parents/caretaker inflicted or allowed a serious physical injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Judicial notice of prior orders | Mother: trial court relied on prior nonsecure orders not introduced under the Rules of Evidence, so findings lack competent evidence | DSS: court properly took judicial notice of the case file and Mother failed to object at trial | Waived — Mother failed to timely object, so appellate review of that claim is barred |
| Sufficiency of Finding 129 / Conclusion 5 (serious physical injury / felony assault) | Mother: the finding/conclusion that she committed or allowed felony assault causing serious injury is not supported by the evidence | DSS: evidence shows non-accidental, serious physical injury (starvation, bruising, refeeding syndrome, risk of death), supporting an adjudication of abuse regardless of individual culpability | Affirmed — clear and convincing evidence supports the findings and conclusion; adjudication as abused juvenile stands; adjudication addresses child’s status, not attribution of individual culpability |
Key Cases Cited
- In re W.L.M., 181 N.C. App. 518 (2007) (failure to object to judicial notice of juvenile case files waives review)
- In re Isenhour, 101 N.C. App. 550 (1991) (failure to object to hearsay/substantive-evidence complaints at trial waives appellate challenge)
- In re Q.A., 245 N.C. App. 71 (2016) (standard of review for adjudication: facts by clear and convincing evidence; conclusions reviewed de novo)
- In re A.B., 245 N.C. App. 35 (2016) (unchallenged or competently supported findings are binding on appeal)
- In re J.S.L., 177 N.C. App. 151 (2006) (review standard for legal conclusions in juvenile cases)
- In re Montgomery, 311 N.C. 101 (1984) (adjudication focuses on child’s circumstances and status, not parental fault)
- In re S.C.R., 217 N.C. App. 166 (2011) (adjudication/disposition concern the child’s status and need for protection rather than attribution of individual perpetrator culpability)