Issue

Abuse and neglect—visitation—dispositional evidence and factual findings—principles for appellate review

Summary

In an abuse and neglect matter involving four biological parents (a mother and three men who each fathered one of her children), the Supreme Court reversed a decision by the Court of Appeals, which after prior remand from the higher court reversed the trial court's dispositional order denying visitation to all but one parent, and remanded the case directly to the trial court for any further proceedings. In doing so, the Supreme Court reiterated the following principles: on appeal, dispositional findings of fact are reviewed for whether they are supported by competent evidence; the Juvenile Code permits trial courts to consider hearsay evidence at disposition hearings; here, the trial court was not required to make specific findings for each parent regarding their parental fitness or any conduct inconsistent with their parental rights before determining whether visitation was in the children's best interest; because the issue of each parent's constitutionally protected parental status was not raised at trial, it could not be addressed on appeal; both the evidence and the unchallenged factual findings supported the trial court's disposition; and the trial court was not required to enter separate factual findings and legal conclusions for each parent before making its disposition.

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