In re: J.A.M.Â
251 N.C. App. 114
N.C. Ct. App.2016Background
- Mother had long prior involvement with YFS dating to 2007; parental rights to six prior children were terminated in April 2014.
- Father had prior history with YFS and prior convictions for assault on a female; one of his children was removed in 2012 and placed with the child’s mother.
- J.A.M. was born January 2016; YFS received a referral in February 2016, conducted a home visit, and found the home appropriate and the infant well cared for.
- Parents refused to sign a Safety Assessment and declined YFS services or a meeting; YFS then took nonsecure custody and filed a neglect petition based principally on the parents’ histories.
- At the March 30, 2016 hearing the court adjudicated J.A.M. neglected, continued custody with YFS, ordered supervised visitation, ceased reunification efforts with mother, and set reunification with father as the primary plan.
- Mother appealed, arguing the findings were unsupported by clear, cogent, and convincing evidence and did not legally establish neglect.
Issues
| Issue | Petitioner (YFS) Argument | Respondent (Mother) Argument | Held |
|---|---|---|---|
| Whether J.A.M. is a neglected juvenile because she lives in an environment injurious to her welfare | Parents’ extensive history of domestic violence, prior adjudications/terminations, and refusal to engage with YFS indicate the current home is injurious | Prior incidents were remote; current home was appropriate, no evidence of domestic violence in child’s presence, and YFS failed to prove present risk by clear, cogent, convincing evidence | Reversed — court’s findings did not support a neglect adjudication |
Key Cases Cited
- In re Gleisner, 141 N.C. App. 475 (court reviews findings for clear and convincing evidence and conclusions of law de novo)
- In re K.J.D., 203 N.C. App. 653 (conclusions of law reviewed de novo)
- In re Stumbo, 357 N.C. 279 (neglect requires proof of impairment or substantial risk of impairment)
- In re M.R.D.C., 166 N.C. App. 693 (distinguishing findings from legal conclusions)
- In re A.K., 178 N.C. App. 727 (past adjudications of siblings, standing alone, insufficient to adjudicate a child neglected)