Opinion

In re C.B.

  • 180 N.C. App. 221
  • 636 S.E.2d 336
  • 2006 N.C. App. LEXIS 2237
Court
Court of Appeals of North Carolina
Filed
Nov 7, 2006
Status
Published
Author
Hudson
On the bench
Hudson, Wynn
Cited by
16 cases

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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