In re Kennedy
In re Kennedy
Opinion of the Court
Respondents assign as error the trial court’s “ordering the juvenile into the custody of the Department of Social Services
Initially, we note that G.S. 7A-517121) defines a neglected juvenile as “[a] juvenile who does not receive proper care, supervision, or discipline from his parent, guardian, custodian, or caretaker; or who has been abandoned; or who is not provided necessary medical care or other remedial care recognized under State law, or who lives in an environment injurious to his welfare, or who has been placed for care or adoption in violation of law.”
Under N.C.G.S. § 7A-647(2)c., once a minor is adjudicated neglected, a judge has the authority to place the child in the custody of DSS. “[T]he natural and legal right of parents to the custody, companionship, control and bringing up of their children is not absolute. It may be interfered with or denied for substantial and sufficient reason, and it is subject to judicial control when the interest and welfare of the children require it.” Judicial intervention is authorized because the welfare and best interest of the child is always treated as the paramount consideration.
In the Matter of Devone, 86 N.C. App. 57, 61, 356 S.E.2d 389, 391 (1987) (citations omitted).
The court must also be guided by the express purpose of dispositions as stated in G.S. 7A-646, as follows:
Sec. 7A-646. Purpose.
The purpose of dispositions in juvenile actions is to design an appropriate plan to meet the needs of the juvenile to achieve the objectives of the State in exercising jurisdiction. If possible, the initial approach should involve working with the juvenile and his family in their own home so that the appropriate community resources may be involved in care, supervision and treatment according to the needs of the juvenile. Thus, the judge should arrange for appropriate community-level services to be provided to the juvenile and his family in order to strengthen the home situation.
In the Matter of Brenner, 83 N.C. App. 242, 246-47, 350 S.E.2d 140, 144 (1986).
For the reasons stated, the trial court’s order is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.