Summary
The North Carolina Court of Appeals affirmed an initial disposition and permanency planning order concerning an abused and neglected juvenile. The court held that the respondent-mother waived appellate review of the trial court's judicial notice of Responsible Individuals List orders because she did not object. The court also concluded that competent evidence supported findings of chronic physical abuse and the cessation of reasonable reunification efforts under North Carolina General Statute section 7B-901.
Holdings
- Mother waived appellate review of the trial court's taking judicial notice of the Responsible Individuals List orders because she did not object and, through counsel, expressly stated that she had no objection.
- Competent evidence supported the trial court's findings that R.L. suffered chronic physical abuse and that aggravating circumstances existed under North Carolina General Statute section 7B-901(c).
- The trial court did not abuse its discretion by determining that reasonable reunification efforts were not required in the initial disposition order.
- The trial court's findings concerning aggravating circumstances were findings of ultimate fact, and its conclusion that reasonable reunification efforts were not required was supported by those findings.
Questions Presented
- Whether Mother preserved appellate review of the trial court's decision to take judicial notice of the Responsible Individuals List orders.
- Whether competent evidence supported the trial court's findings of chronic physical abuse and other aggravating circumstances under North Carolina General Statute section 7B-901(c).
- Whether the findings supported the trial court's decision to cease reasonable efforts toward reunification in the initial disposition order.
- Whether the trial court's ultimate factual findings and conclusions of law were legally sufficient.
Disposition
affirmed
Cases Cited (11)
- In re L.N.H., 382 N.C. 536, 879 S.E.2d 138 (2022)(followed)
- In re L.R.L.B., 377 N.C. 311, 857 S.E.2d 105 (2021)(followed)
- In re K.W., 282 N.C. App. 283, 871 S.E.2d 146 (2022)(followed)
- In re B.L.M.-S., 294 N.C. App. 44, 901 S.E.2d 687 (2024)(followed)
- In re NN, 296 N.C. App. 159, 907 S.E.2d 430 (2025)(distinguished)
- Shomette v. Needham, 298 N.C. App. 400, 915 S.E.2d 39 (2025)(followed)
- In re K.H., 281 N.C. App. 259, 867 S.E.2d 757 (2022)(followed)
- In re A.W., 377 N.C. 238, 856 S.E.2d 841 (2021)(followed)
- Kelly v. Kelly, 228 N.C. App. 600, 747 S.E.2d 268 (2013)(followed)
- Woodard v. Mordecai, 234 N.C. 463, 67 S.E.2d 639 (1951)(followed)
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Cited In (0)
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Court Document
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