# In re C.B.

> Court of Appeals of North Carolina · November 7, 2006 · 180 N.C. App. 221

URL: https://www.frixlaw.com/law-library/cases/7395805

## Case

- **Full name:** In re C.B., J.B., Th.B., & Ti.B.
- **Court:** Court of Appeals of North Carolina
- **Decided:** November 7, 2006
- **Citations:** 180 N.C. App. 221; 636 S.E.2d 336; 2006 N.C. App. LEXIS 2237
- **Precedential status:** Published
- **Opinion:** Dissent by Hudson
- **Judges:** Hudson, Wynn
- **Cited by:** 16 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7395805

## How later opinions describe it (automated extraction)

- 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)

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7395805. Public record. Not legal advice.