In re H.P.

• Decision Date: 06 July 2021
• Docket Number: No. COA20-876,COA20-876
• Parties: In the MATTER OF H.P., I.S., J.S.
• Court: North Carolina Court of Appeals

862 S.E.2d 858

In the MATTER OF H.P., I.S., J.S.

No. COA20-876

Court of Appeals of North Carolina.

Filed July 6, 2021

Narain Legal PLLC, by Lucky Narain, for Guardian ad Litem.

Wagner Family Law, by Lisa Anne Wagner, for Appellant-Respondent-Mother.

WOOD, Judge.

¶ 1 Respondent-Mother appeals an order adjudicating her minor children as neglected and dependent juveniles. Because the trial court's order includes contradictory findings and no record evidence resolves those factual issues, we reverse and remand.

I. Factual and Procedural Background

¶ 2 Respondent-Mother has three minor children. Howard¹ was born on June 7, 2011; Ivy was born on February 8, 2013; and Jordan was born on May 4, 2015. The Macon County Department of Social Services ("DSS") first had contact with Respondent-Mother on June 30, 2015, after receiving a report alleging improper discipline, injurious environment, and domestic violence. The report noted Respondent-Mother suffered from post-partum depression. Respondent-Mother participated in mental health services, and DSS closed the case on July 10, 2015

¶ 3 Nearly two years later, on March 27, 2017, DSS received two additional reports regarding the family. The reports alleged "improper supervision, injurious environment, substance abuse, and domestic violence." DSS recommended, but did not provide, Respondent-Mother complete mental health and substance abuse assessments. The case was closed on May 8, 2017.

¶ 4 On September 11, 2017, DSS received an additional report, alleging "injurious environment and domestic violence." According to the report, Respondent-Mother had obtained a domestic violence protective order ("DVPO") against Respondent-Father. The case was closed on October 13, 2017 as "Services Not Recommended [because] the Respondent[-]Mother had obtained a DVPO against the Respondent[ ]Father."

¶ 5 Nearly a year later, on August 30, 2018, DSS accepted a report alleging Respondent-Parents continued to have contact with each other, and Respondent-Mother was abusing recreational drugs. The case was closed as there was not enough evidence to support the allegations. Another report was received on October 31, 2018, alleging domestic violence between Respondent-Parents, that Respondent-Parents suffered from substance abuse, and that Howard expressed suicidal ideations. DSS recommended, but did not provide, mental health and substance abuse assessments. However, as there was insufficient evidence to support the allegations in the report, DSS closed the case.

¶ 6 Another report was received on March 18, 2019, alleging Respondent-Mother and at least one of the juveniles were residing in a storage unit. The case was closed when the social worker determined the family was living in a motel. DSS accepted another report on May 2, 2019, alleging Jordan was found "running around naked in the road ... and was in the parking lot ...." When Jordan was returned home, Respondent-Mother was unresponsive. Respondent-Mother reported "she had ‘passed out from a sunburn,’ " and "was determined to be dehydrated" with an elevated heart rate. It was further reported that the family was residing in a storage unit, and this allegation appeared to be supported by the social worker's investigation. However, the report also alleged the family had obtained a camper in which to reside, and they would no longer be residing in a storage unit. Because there was insufficient evidence to support the allegations in the report, the case was closed on June 11, 2019.

¶ 7 On January 22, 2020, DSS accepted another report. The report alleged "Respondent[-]Father was [ ] mean," and deprived Respondent-Mother of food and drinks. It was further alleged that Respondent-Father made Respondent-Mother hurt her hand, Respondent-Father "almost made [ ] Respondent[-]Mother kill herself," and Respondent-Mother did not feel safe near Respondent-Father. The children reported they had not had dinner the night before, and Respondent-Mother was starved.

¶ 8 On January 24, 2020, the social worker met with Howard and Ivy. The juveniles reported they did not have food at home and that Respondent-Father took their food. The juveniles informed the social worker that Respondent-Father would not allow them to eat, and that Respondent-Father "gets really mad and is really mean to the Respondent[-]Mother." They told the social worker that Respondent-Mother fed them when she had food in the home.

¶ 9 On the same day, the social worker attempted multiple home visits with the family, but Respondent-Mother would not answer the door. At approximately 8:00 p.m. on January 24, 2020, the social worker was able to complete a home visit. During the visit, Respondent-Mother informed the social worker that Respondent-Father "ate all of the food in front of her and the juveniles and would not let them have any of the food." Respondent-Mother further stated Respondent-Father had moved out of her camper and resided in another camper approximately thirty yards away from Respondent-Mother. Respondent-Mother reassured the social worker "[t]hat she always makes sure the juveniles eat and said she did not eat for four days so the juveniles could have food to eat." Respondent-Mother also stated she no longer received food stamps "because they were cancelled and she [had] to pay back money before she [could] reapply." Respondent-Mother could not get services from CareNet,² because she did not have a copy of the juveniles’ social security cards or birth certificates. Respondent-Mother relied on Respondent-Father for transportation. Respondent-Mother requested help from the social worker in "getting the juveniles seen by a pediatrician and getting [Jordan] tested for Autism

." Respondent-Mother also expressed her desire for mental health and counseling services for Howard and Ivy. The social worker later attempted a home visit with Respondent-Father and Jordan, but no one answered the door.

¶ 10 In February 2020, the social worker visited the home of Respondent-Mother. When the social worker arrived, he observed Jordan running naked and barefoot in the snow from Respondent-Mother's camper to Respondent-Father's camper. The social worker discussed the importance of warm clothing with Respondent-Father before going to Respondent-Mother's camper. Respondent-Mother was asleep at the time.

¶ 11 DSS accepted another report on February 10, 2020, alleging Jordan was walking down the street alone in the rain. Respondent-Parents were outside looking for him. A social worker met with the family shortly thereafter, and the family agreed to a safety plan that required the juveniles to be supervised at all times.

¶ 12 On February 15, 2020, DSS accepted a report regarding the family, which stated the juveniles were "very hungry," and had gone to a neighbor's home. The juveniles told their neighbor they did not have any power, water, or food. Howard stated Respondent-Father had disconnected the power cord from his camper to Respondent-Mother's camper. Another report was accepted on February 17, 2020, in which Howard disclosed "he was starving," and there was no food in the home. Ivy stated they did not have food in the home, and they had gone hungry over the weekend. Ivy also disclosed that Respondent-Mother and the juveniles "will have to move to the side of the road soon because the Respondent[-]Father did not pay the rent."

¶ 13 On February 17, 2020, the social worker met with Respondent-Mother and Jordan. During the visit, Respondent-Mother disclosed that there was food in the home, but the refrigerator was broken. Respondent-Mother's camper had power and water. Respondent-Mother and the juveniles expressed fear of Respondent-Father, but Respondent-Mother had no friends or family with whom they could stay. Respondent-Mother expressed an interest in taking the juveniles to stay at the REACH Shelter³ if there was an opening. The social worker contacted the REACH Shelter but was informed that Respondent-Mother must contact the shelter herself.

¶ 14 On February 18, 2020, two social workers met with Respondent-Parents. The REACH Shelter had availability for Respondent-Mother and the juveniles if she completed the admission process. Respondent-Father "was hostile and verbally aggressive toward the social workers," and during this interaction, in the Respondent-Father's presence, Respondent-Mother refused to go to the REACH Shelter with the juveniles.

¶ 15 DSS filed petitions alleging Howard, Ivy, and Jordan were neglected and dependent juveniles on February 19, 2020. DSS was granted nonsecure custody. Respondent-Mother was served on February 21, 2020.

¶ 16 On August 19, 2020, the adjudication and disposition hearings were held. Neither Respondent-Parent was present when the matters were called for hearing on adjudication. The trial court proceeded in their absences. One social worker testified, and Respondent-Father arrived during her testimony. The social worker provided, as "Exhibit A," the attachment to the juvenile petition. Exhibit A was a summary of DSS's history with the family, inclusive of all reports DSS received. Exhibit A consists of thirty-seven allegations, four of which state there was insufficient evidence to support other allegations in the exhibit. At the hearing, the trial court orally adjudicated the juveniles neglected and dependent and adopted the contents of Exhibit A as findings of fact in its adjudication order. The trial court's findings of fact include the allegations dismissed by DSS because there "was not evidence to support" such allegations. Several other findings of fact are verbatim recitations of the allegations contained within Exhibit A.

¶ 17 Thereafter, the court continued to disposition. Respondent-Mother arrived just prior to the close of DSS's evidence on disposition; however, she did not testify at the hearing. DSS's evidence consisted of a foster care worker's testimony, DSS's court report prepared for the dispositional hearing, and Exhibit A. Although the record on...