Abuse, Neglect, and Dependency
97.12 Evidentiary Issues/Adjudicatory Hearing-Sufficiency of Evidence 7B-802, 7B-804, 7B-805, 7B-807
In
re C.L., COA05-379, Carol Ann Bauer for appellant mother.
No showing of neglect when child's mother was allegedly sexually involved with
minor foster child.
Slip
Opinion
In
re A.J.M., COA05-504, Mercedes O. Chut for appellant mother.
Absent evidence of actual harm or threat of future harm, error to find child
neglected solely on fact that mom popped her with a belt.
Slip
Opinion
In
re T.F.H. and S.F., COA05-819, Katharine Chester for appellant-custodian/aunt.
The trial court erred when it concluded that the children were neglected and
dependent, based on the children being in the parents' home for 45 minutes without
the custodial aunt's knowledge and the evidence showed the custodial aunt was
providing a good home for the children.
Slip
Opinion
In
re J.W.B., COA05-1504, Rebekah W. Davis for appellant-mother.
No showing of neglect when mother was ensuring child's needs were met; father's
testimony reflected bias and anger toward mother.
Slip
Opinion
In
re A.B., COA05-1584, Duncan McCormick for appellant-mother.
Where child's older siblings were previously adjudicated neglected and abused
by father, mother appeals adjudication of neglect because court erred by failing
to consider the fact that 1) the child's abusive father was incarcerated at
the time of the hearing and 2) both parents had agreed to place the child with
the paternal grandparents before filing of petition.
Slip
Opinion
In
re A.D.H., A.S.H., and A.M.P., COA 06-324, Peter Wood for appellant-mother.
Insufficient evidence to support finding of dependency as there was no evidence
mother unable to care for children and because mother had placed children with
relatives that both DSS and court approved.
Slip
Opinion
In
Re C.B., J.B., Th.B and Ti.B, SCT 06-586, Sofie Hosford for appellee-father.
Father argues that the Court of Appeals properly found that the petitioner failed
to prove neglect based solely on evidence of corporal punishment and absent
any other evidence.
Slip
Opinion
SCT
Opinion
In
re E.P. and M.P., COA06-687, K. Edward Greene and Alyssa M. Chen for appellant-mother
and Christy Wilhelm for appellant-father (joint brief).
Petition properly dismissed by trial court where evidence showed domestic violence
and substance abuse, but no neglect.
Slip
Opinion
In
re B.M., COA06-844, Katharine Chester for appellant-mother.
There was insufficient evidence to support any findings that the mother's child
was neglected or dependent as the domestic violence perpetrator was incarcerated,
the child was healthy, and the child was living in the maternal grandmother's
home which was appropriate.
Slip
Opinion
In
re M.E.P.V., A.V.V., S.V.P., V.G.P. and J.D.G.P., COA06-1024, Annick Lenoir
Peek
The only evidence of abuse was testimony of 16-year old victim taken in chambers
outside the presence of her parents.
Slip
Opinion
In
re J.A.G., COA06-1035, Leslie Rawls for appellant-father.
Court erred in excluding evidence of minor's sexual activity as Rape Shield
law inapplicable to civil proceedings and evidence provided alternative explanation
of physical findings.
Slip
Opinion
In
re D.S.A., COA06-1190, Annick Lenoir-Peek for appellant-father.
No showing that infant was at risk when, prior to birth, parents had arranged
for infant to temporarily reside with grandparents.
Slip
Opinion
In
Re M.B., COA06-1291, Michael Casterline for appellant-father.
Court erred in allowing doctor to testify as to her "concern" that
the child may have been sexually abused when there was no physical evidence
of sexual abuse.
Slip
Opinion
In
Re R.L. and N.M.Y., COA06-1616, Robin Strickland for appellant-father of
N.M.Y.
(See also In
Re R.L. and N.M.Y., Peter Wood for appellant-father of R.L.)
Because the trial court did not hear any evidence regarding the circumstances
leading to the filing of the petition, it erred in finding and concluding that
the children were dependent at the time of the filing of the petition.
In
re R.L. and N.M.Y., COA06-1616, Peter Wood for appellant-father of R.L.
(See also In
Re R.L. and N.M.Y., Robin Strickland for appellant-father of N.M.Y.)
Evidence insufficient for adjudication as father did not discover the conditions
which led to his son being removed from the mother's care until long after the
children had been placed in DSS custody; father was willing and able to have
custody of son, but was not given the opportunity.
In
Re S.S., COA06-1668, Betsy Wolfenden for appellant-mother.
Mother appeals adjudication of neglect and order of guardianship to paternal
grandmother because 1) court filed to show current neglect, basing findings
only on prior adjudications of mother's older children; and 2) court erred by
awarding grandmother guardianship without making findings required by 7B-507.
Slip
Opinion
In
Re C.Q., COA07-119, Michael Casterline for appellant-mother.
Court based finding of injurious environment solely on one incident of past
misconduct from three years prior.
Slip
Opinion
In
re B.M., COA07-525, Richard Croutharmel for appellant-father.
Adjudication of neglect based on improper reliance on events occurring after
filing of petition and improper reliance on adjudication of sibling that was
on appeal.
In Re A.S.,
COA07-1242, Annick Lenoir-Peek
The trial court failed to take evidence in order to adjudicate the juvenile
as neglected and erroneously relied upon a sibling's adjudication that occurred
months before the child's birth.
COA
Docket
In
Re J.L., J.L., J.L., COA07-701, Richard Croutharmel
Children were not dependent as mother had two viable placement alternatives
to foster care.
COA
Slip Opinion (Note that COA erroneously refers to case as a TPR case rather
than an adjudication and disposition
In
Re N.G., 510A07, Sofie W. Hosford
The trial court erred in adjudicating the child to be neglected solely on the
basis of her older sibling's injuries.
SCT
opinion
COA
opinion