In re A.W.

• Decision Date: 23 April 2021
• Docket Number: No. 24A20,24A20
• Citation: 856 S.E.2d 841,377 N.C. 238
• Parties: In the MATTER OF: A.W.
• Court: North Carolina Supreme Court

377 N.C. 238

856 S.E.2d 841

In the MATTER OF: A.W.

No. 24A20

Supreme Court of North Carolina.

Filed April 23, 2021

Gena Walling McCray, Louisburg, for petitioner-appellee Franklin County Department of Social Services.

Matthew D. Wunsche, Durham, for appellee Guardian ad Litem.

Anné C. Wright, Boone, for respondent-appellant mother.

BERGER, Justice.

¶ 1 Respondent-mother appeals from the trial court's order adjudicating her child A.W. (Abigail)¹ a neglected and dependent juvenile and the trial court's order terminating her parental rights in Abigail based on neglect and dependency. After careful review, we affirm the trial court's orders.

Background

¶ 2 In January 2017, A.M.W. (Anna)² was born to respondents. In March 2017, the Franklin County Department of Social Services (DSS) received a Child Protective Services (CPS) report that Anna was admitted to the emergency room on 11 March 2017 with significant, unexplained injuries. Anna suffered a severe traumatic brain injury, "bleeding around the brain, subdural hemorrhages, as well as some other fluid collections which [were] indicative of old hematomas [.]" In addition, she had fractured ribs in various stages of healing, a ruptured spleen, internal bleeding, and a fracture in one of her legs. Neither respondent provided an explanation that could account for Anna's injuries. On 15 March 2017, Anna died as a result of blunt force injuries to her head. Her autopsy ruled her death a homicide.

¶ 3 Dr. Benjamin Alexander, an expert in pediatrics and pediatric abuse, treated Anna prior to her death and concluded as follows:

The pattern and nature of this unfortunate infant's injuries are characteristic of those seen in young infants who are abused by adult caregivers. Injuries this severe are due to very high forces such as might typically be seen in a high-velocity motor vehicle accident, or a fall from a second story window. This assortment of injuries does not occur due to any disease or condition—they are obviously traumatic. Without any history of trauma offered, it must be concluded that this child was abused by an adult who is concealing the truth.

The pattern of lateral rib fractures in conjunction with subdural hematomas is typically seen in infants who have been grasped around the chest and violently shaken. In addition, the bilateral skull fractures indicate that the infant's head was smashed against a hard object.

Rupture of the spleen, in the absence of rare infections or malignancy (which this child does not have), is due to a traumatic cause. The infant was most likely struck forcefully in the upper abdomen or back to cause this injury.

The metaphyseal fracture seen in the distal tibia is typically associated with a forceful, violent twisting force applied to the foot or lower leg.

Because the rib fractures and distal tibia fracture demonstrate some early evidence of healing, which is not normally seen before seven days after an injury and therefore before the onset of neurologic symptoms associated with the current head injury, I believe this child was abused on multiple occasions. Also the presence of low-density fluid collections, as would be seen with resorbing blood, may also be an indicator of multiple episodes of shaking.

¶ 4 In March 2018, Abigail was born to respondents. On 16 March 2018, DSS obtained nonsecure custody of Abigail and filed a petition alleging her to be a neglected and dependent juvenile. The petition alleged that Abigail was a neglected juvenile in that her sibling, Anna, died in the care of respondents as a result of suspected abuse and neglect. Respondents reported they were the only caregivers and gave no explanation for Anna's injuries. Respondent-father was incarcerated on charges related to Anna's death, and respondent-mother's involvement in Anna's death had not been ruled out. Because of the nature of Anna's injuries and death, Abigail was at substantial risk of abuse and neglect if she remained in respondents’ care and supervision. The petition also alleged that respondents were unable to provide for Abigail's care or supervision because of the aforementioned neglect and lacked an appropriate alternative childcare arrangement. DSS later amended the petition to add allegations that after Anna's death, respondent-father reported that the family dog had caused Anna's injuries. However, respondent-father's account did not explain Anna's injuries. In addition, respondent-mother remained in a relationship with respondent-father after Anna's death, became pregnant with Abigail, and regularly visited respondent-father in jail.

¶ 5 On 29 August 2018, DSS filed a motion to terminate respondent-mother's parental rights in Abigail. DSS alleged that respondent-mother had neglected Abigail, and there was no indication that she was willing or able to correct the conditions that lead to Anna's death and the injurious environment that was present in her home, see N.C.G.S. § 7B-1111(a)(1) (2019), and respondent-mother was incapable of providing for the proper care and supervision of Abigail such that Abigail was a dependent juvenile, see N.C.G.S. § 7B-1111(a)(6) (2019).

¶ 6 Both the juvenile petition and motion to terminate respondent-mother's parental rights in Abigail came on for hearing eight times between January and August 2019. On 19 November 2019, the trial court entered orders concluding that Abigail was a neglected and dependent juvenile and finding that any efforts toward reunification with respondent-mother would be unsuccessful and contrary to Abigail's health, safety, and need for a permanent home within a reasonable period of time. The trial court ordered that Abigail remain in the custody of DSS and set the primary permanent plan as adoption with a secondary plan of custody with a court approved caretaker. Also, on 19 November 2019, the trial court entered a separate order concluding that grounds existed to terminate respondent-mother's parental rights in Abigail pursuant to N.C.G.S. § 7B-1111(a)(1) and (6). The trial court determined that it was in Abigail's best interests that respondent-mother's parental rights be terminated, and the court terminated her parental rights. See N.C.G.S. § 7B-1110(a) (2019).

¶ 7 On 13 December 2019, respondent-mother entered notice of appeal to the Court of Appeals of North Carolina from the 19 November 2019 adjudication and disposition orders and to this Court from the 19 November 2019 order terminating her parental rights. On 12 March 2020, respondent-mother filed a motion in this Court for consolidation of the actions on appeal and, alternatively, a petition for discretionary review of the adjudication and disposition orders. By order entered 18 March 2020, this Court allowed the motion for consolidation of the actions on appeal and dismissed as moot the petition for discretionary review.

Analysis

¶ 8 On appeal, respondent-mother argues the trial court erred in adjudicating Abigail a neglected and dependent juvenile. She also argues that the trial court erred in ceasing reunification efforts and failing to make reunification part of Abigail's permanent plan. Respondent-mother further contends that the trial court erred by adjudicating grounds for termination of her parental rights based on neglect and dependency. We address each argument in turn.

I. Adjudication of Neglect and Dependency

Standard of Review

¶ 9 We review a district court's adjudication under N.C.G.S. § 7B-1111(a) to determine whether the findings are supported by clear, cogent and convincing evidence and the findings support the conclusions of law. Unchallenged findings of fact are deemed supported by competent evidence and are binding on appeal. Moreover, we review only those findings needed to sustain the trial court's adjudication. The issue of whether a trial court's findings of fact support its conclusions of law is reviewed de novo. However, an adjudication of any single ground for terminating a parent's rights under N.C.G.S. § 7B-1111(a) will suffice to support a termination order.

In re J.S. , 374 N.C. 811, 814–15, 845 S.E.2d 66, 70–71 (2020) (cleaned up).

Adjudication of Neglect

¶ 10 A "neglected juvenile" is defined, in pertinent part, as a child

whose parent, guardian, custodian, or caretaker does not provide proper care, supervision, or discipline; ... or who lives in an environment injurious to the juvenile's welfare[.] ... In determining whether a juvenile is a neglected juvenile, it is relevant whether that juvenile lives in a home where another juvenile has died as a result of suspected abuse or neglect[.]

N.C.G.S. § 7B-101(15) (2019). "In order to adjudicate a juvenile neglected, our courts have additionally required that there be some physical, mental, or emotional impairment of the juvenile or a substantial risk of such impairment as a consequence of the failure to provide proper care, supervision, or discipline." In re Stumbo , 357 N.C. 279, 283, 582 S.E.2d 255, 258 (2003) (cleaned up) (emphasis added).

¶ 11 Respondent-mother challenges several findings of fact as not being supported by the evidence. Respondent-mother contests the following portions of the trial court's findings 17, 24, 28, 30, 34, and 36, which provide that she and respondent-father worked together to develop an explanation for Anna's injuries:

17. On May 24, 2017, the respondent[s] offered to law enforcement an explanation of [Anna's] injuries that defies all medical evidence, and it is clear to the Court that the respondents worked together to develop the explanation. Through video-taped statements and reenactments, the respondent[s] indicated that [Anna's] head injuries were caused when the parents’ dog, a large Great Dane, jumped on the respondent-father's arm while he was holding [Anna], causing him to lose his grip on [Anna]. [Anna] started to fall, and although [respondent-father] caught her before he fully dropped her, [Anna's] head hit the tiled floor in the kitchen. [Respondents] both stated that the mother was asleep in the next room when

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