holding the respondent’s punishment by “spanking [or] whipping that resulted in a bruise” and not “serious injury” did not constitute abuse under N.C. Gen. Stat. § 7B-101(1)
How later courts described this case
- holding the respondent’s punishment by “spanking [or] whipping that resulted in a bruise” and not “serious injury” did not constitute abuse under N.C. Gen. Stat. § 7B-101(1)
- "However, because the Father did not include the order granting the continuance in the Notice of Appeal, we dismiss this assignment of error under Rule 3 of the North Carolina Rules of Appellate Procedure."
Written by the judges who cited it.
The opinion
HUDSON, Judge, dissenting.
I agree with the majority that the findings do not support a conclusion that the juvenile Th.B. sustained serious physical injury inflicted by the father. Thus, I agree that the adjudication of abuse is improper on that basis.
However, the court also adjudicated all four of the children neglected within the meaning of G.S. § 7B-101(15), based on inappropriate discipline of the three boys, which resulted in "an environment injurious to [the] welfare" of the daughter. This section of the statute does not require a showing of serious injury. Thus, I would affirm the adjudication order on this statutory basis alone, and I respectfully dissent.