In re: J.R.D.L.G. & S.L.K.D.L.G.

Summary

The North Carolina Court of Appeals affirmed adjudication orders finding one child abused and neglected and the other child neglected based on multiple unexplained, non-accidental fractures sustained while the children were in the parents’ or grandmother’s care. The majority concluded that unchallenged findings supported the adjudications and that the circumstances established an unacceptable risk of similar abuse to the sibling. Judge Tyson dissented, arguing that the evidence did not sufficiently connect the injuries to the respondents and that competing medical testimony warranted remand.

Holdings

1. The trial court properly adjudicated Sarah abused because its unchallenged findings established that she suffered multiple unexplained, non-accidental injuries while in the care and control of the respondents or maternal grandmother, and those findings supported the conclusion that a parent, guardian, custodian, or caretaker inflicted or allowed serious physical injury by other than accidental means.
2. The trial court properly adjudicated Sarah neglected because the evidence supporting the abuse adjudication also supported the conclusion that she did not receive proper care or lived in an environment injurious to her welfare.
3. The trial court properly adjudicated Joseph neglected because Sarah had been severely abused in the respondents' care, the respondents could not provide a plausible explanation for the injuries or assure that similar abuse would not recur, and Joseph lived or would continue to live in the same environment.

Questions Presented

1. Whether the trial court's findings of fact and conclusions supported adjudicating Sarah as abused and neglected based on unexplained, non-accidental injuries sustained while she was in the care and control of the respondents or maternal grandmother.
2. Whether the trial court properly adjudicated Joseph neglected based on the abuse and neglect of his sibling and the resulting risk of similar harm in the home.

Disposition

affirmed