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Child Welfare

Court of Appeals of North Carolina
Uncategorized

State v. Sandi — AOC Interpreter Standards Create No Binding Legal Rights; Trapping Victim in Corner With Knife Supports Kidnapping Separate from Assault

The North Carolina Court of Appeals affirmed convictions for attempted murder, first-degree kidnapping, and multiple assault charges arising from a domestic violence attack, holding that the AOC’s interpreter Standards create no binding legal rights and that violations warrant only an abuse-of-discretion review; that trapping a victim in a corner with a knife constitutes confinement separate from the accompanying assault offenses; and that a parent’s armed attack on another adult in a young child’s presence creates a substantial risk of physical injury supporting misdemeanor child abuse.

Court of Appeals of North Carolina
Uncategorized

In re: M.D., Jr. — DSS Cannot Prove Abuse Through Medical Records Alone Without Expert Testimony at Adjudication

The North Carolina Court of Appeals affirmed a Rule 41(b) dismissal of a DSS abuse and neglect petition at the close of DSS’s evidence, holding that nearly 1,500 pages of medical records admitted as business records cannot establish non-accidental injury causation without expert medical testimony, and that parental explanations introduced through DSS’s own witnesses that were consistent with accidental injury could not be rebutted by business records alone.

Court of Appeals of North Carolina
Uncategorized

In re: G.A.D., M.L.D. — ICWA Remand: Trial Court Must Inquire of Both Parents on Record

The North Carolina Court of Appeals remanded a termination of parental rights order for ICWA compliance after finding that the trial court had conducted the required inquiry under 25 C.F.R. § 23.107(a) as to respondent-father only; an on-the-record inquiry of respondent-mother is required regardless of her absence from prior hearings, and the termination order remains in place pending the inquiry.

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