Issue

Neglect and dependency—adjudication order—steps for reviewing on appeal—sufficiency of findings and evidence

Summary

In a neglect and dependency matter, where the parties agreed on appeal that many of the trial court's adjudicatory findings of fact were based on inadmissible hearsay and should therefore be disregarded, the Supreme Court reiterated the proper steps for reviewing an adjudication order on appeal after disregarding unsupported findings: first, the appellate court must examine whether the remaining findings of fact support the trial court's conclusions of law; then, if those findings do not support the trial court's conclusions, the appellate court must examine whether the record contains sufficient evidence that could support the necessary findings. Here, the trial court's remaining findings did not support its legal conclusions, but the record contained clear, cogent, and convincing evidence that could have supported the necessary findings, which required vacating the adjudication order and remanding the matter to the trial court to enter a new order.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →