Opinion

In re S.D.J.

  • 192 N.C. App. 478
  • 665 S.E.2d 818
Court
Court of Appeals of North Carolina
Filed
Sep 2, 2008
Status
Published
Author
Stroud
On the bench
Hunter, Stroud
Cited by
38 cases

concluding that statutory ground of neglect was supported by evidence that respondent had failed to make any significant progress on her case plan to address her mental health issues

How later courts described this case

  • concluding that statutory ground of neglect was supported by evidence that respondent had failed to make any significant progress on her case plan to address her mental health issues
  • explaining that blood test results are records made in the usually course of business
  • “A qualifying business record is admissible when a proper foundation ... is laid by testimony of a witness who is familiar with the... records and the methods under which they were made so as to satisfy the court that the methods, the sources of information, and the time of preparation render such evidence trustworthy.” (internal quotation marks omitted)
  • "[W]here no exception is taken to a finding of fact by the trial court, the finding is presumed to be supported by competent evidence and is binding on appeal." (internal quotation marks and citation omitted)

Written by the judges who cited it.

The opinion

STROUD, Judge, dissenting.

For the reasons set forth in my dissenting opinion in In re N.C.H., G.D.H., and D.G.H.

*825 (No. COA08-413), filed simultaneously with this case, 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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