In re S.C.R.
217 N.C. App. 166
| N.C. Ct. App. | 2011Background
- DSS filed a juvenile petition alleging dependency and neglect based on lack of proper care and supervision (May 13, 2010).
- The petition alleged respondent left the home and could not be contacted; school sought custody due to safety concerns.
- An amended petition added abandonment as a basis for neglect (June 17, 2010).
- Adjudication hearing held September 27, 2010; court found the child neglected and dependent and granted DSS interim custody (Dec 1, 2010).
- Disposition hearing held December 20, 2010; court awarded custody to DSS, ordered cessation of reunification, and set a permanent plan of guardianship or adoption (order entered January 20, 2011).
- Respondent appeals on several grounds, and this Court reverses the adjudication and disposition for lack of proper findings of fact and remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the trial court’s findings of fact sufficient to support the adjudication? | F.W. contends findings merely imitate petition allegations and lack ultimate facts. | DSS argues petition allegations are undisputed and should support adjudication. | No; findings must be independent and specific, not wholesale incorporations. |
| Was the petition against the father properly dismissed? | F.W. argues adjudication should address child status, not individual culpability. | DSS maintains dismissal was appropriate. | Dismissal was improper; adjudication focuses on child status, not the parent’s conduct. |
| Was a permanent plan validly adopted at disposition without proper notice? | F.W. asserts lack of statutorily required notice for permanency planning. | DSS contends notice was adequate. | Error; permanent plan cannot be set at disposition without proper notice; remand required. |
| Did the disposition order adequately address visitation? | F.W. argues visitation was not addressed in the disposition order. | DSS notes visitation was discussed earlier; order is silent on details. | Disposition must include an appropriate visitation plan or explicit denial consistent with health and safety. |
Key Cases Cited
- In re O.W., 164 N.C. App. 699 (NC App. 2004) (cannot adopt petition allegations as findings; must make independent findings)
- In re Anderson, 151 N.C. App. 94 (NC App. 2002) (trial court must base findings on evidence presented; cannot rely solely on petition)
- In re J.S., 165 N.C. App. 509 (NC App. 2004) (adjudication requires factual findings; cannot focus on culpability of parent)
- In re D.C., 183 N.C. App. 344 (NC App. 2007) (statutory permanency planning requirements; no notice at disposition)
- In re T.H.T., 185 N.C. App. 337 (NC App. 2007) (standard of review for neglect/abuse findings)