Recitation of facts in the Supreme Court’s opinion begins as follows:
“J.A.M. was born in January 2016. In late February 2016, Mecklenburg County Department of Social Services, Youth and Family Services (YFS) received a child protective services report making the department aware of J.A.M.’s birth, and YFS immediately opened an investigation. On 29 February, YFS filed a juvenile petition alleging that J.A.M. was not safe in the home because of the histories of both parents.
On 30 March 2016, a hearing regarding J.A.M. took place before Mecklenburg County District Court Judge Louis A. Trosch, who entered a consolidated adjudicatory and dispositional order in J.A.M.’s case based on testimony and exhibits admitted as evidence to the court. The court adjudicated J.A.M. neglected and, in the dispositional phase of the proceeding, ordered reunification efforts with J.A.M.’s mother (respondent-mother) to cease and established that the primary plan of care for J.A.M. would be reunification with her father (respondent-father).”
The startling takeaway is that YFS got involved right away with a newborn and a district court judge entered an order within two months of the child’s birth that ceased all reunification efforts with the mother. But the Court’s opinion goes on to explain the backdrop of YFS’ involvement and the trial judge’s decision. The mother had extensive involvement with YFS dating back to 2007. “The evidence before the trial court tended to show that respondent-mother has a long history of violent relationships with the fathers of her previous six children, during which her children ‘not only witnessed domestic violence, but were caught in the middle of physical altercations.’ Furthermore, during this period, she repeatedly declined services from YFS and ‘continued to deny, minimize and avoid talking about incidences of violence.’”
“The most serious incident occurred in June 2012 when respondent-mother was in a relationship with E.G. Sr., the father of her child E.G. Jr., a relationship that— like prior relationships between respondent-mother and other men—had a component of domestic violence.” Mother had represented to the court that her relationship with E.G. Sr. was over due to bad influence on the children, but then soon took E.G. Sr. back into her home. “Following another domestic violence incident between respondent-mother and E.G. Sr., E.G. Jr. ‘was placed in an incredibly unsafe situation sleeping on the sofa with [E.G. Sr.]’ for the night, which resulted in E.G. Jr. suffering severe, life-threatening injuries, including multiple skull fractures, at the hands of E.G. Sr. The next morning, respondent-mother ‘observed [E.G. Jr.’s] swollen head, his failure to respond, [and] his failure to open his eyes or move his limbs,’ but she did not dial 911 for over two hours.” Despite the abuse and injury, mother refused to acknowledge that E.G. Jr. had special needs and refused the services that were recommended. Not only that, she proceeded to have another child with E.G. Sr., which led to an order terminating her parental rights with respect to her six children.
The central issue for the North Carolina Supreme Court’s consideration, an issue that was raised by a dissenting opinion below, was how much weight and what importance prior neglect adjudication has in a pending neglect proceeding.
The Supreme Court acknowledged that “[a] court may not adjudicate a juvenile neglected solely based upon previous Department of Social Services involvement relating to other children. Rather, in concluding that a juvenile ‘lives in an environment injurious to the juvenile’s welfare,’ N.C.G.S. § 7B-101(15), the clear and convincing evidence in the record must show current circumstances that present a risk to the juvenile.” The Court also agreed that “[t]he Court of Appeals dissenting opinion correctly notes that “[a] prior and closed case with other children . . . standing alone, cannot support an adjudication of current or future neglect.” (emphasis in original).
The Court, however, explained that here, the trial court found that mother’s current behavior and failure to acknowledge her role in the prior termination of parental rights supported the trial court’s ruling with respect to present danger to J.A.M. Therefore, the North Carolina Supreme Court upheld the ruling of the trial court.
The case is In the matter of J.A.M., No. 7PA17-2.
Bio
Janet Pittman Reed, Attorney in North Carolina
Janet Pittman Reed is an attorney in Jacksonville, North Carolina, and handles Family Law cases such as Divorce & Separation, Personal Injury, Traffic, Criminal Law, Driver’s License Restoration Services, and Civil Litigation cases.
Contact
The Law Office of Attorney Janet Pittman Reed
Post Office Box 1439
Jacksonville, NC 28541
Phone: (910) 381-1758
leglone@gibralter.net
Professional Career
Attorney, Law Offices of Janet Pittman Reed. Since February 2016, Ms. Reed has practiced law in Jacksonville, North Carolina. Her practice includes:
General law practice, including representation of traffic, criminal law, uncontested divorce, power of attorney, wills, domestic, separation agreements, custody agreements, and personal injury matters.
Prepare and review pleadings, settlement agreements, contracts, deeds of trust, powers-of-attorney, wills, trusts and other documents
Represent clients in personal injury and social security cases
At the same time, Ms. Reed has provided services as a lead litigation support as part of a litigation team and legal research as part of her consulting firm:
Janet Pittman Reed Consultants, Owner, Jacksonville and Raleigh, North Carolina, 1992-Present.
Conduct litigation support and legal research in concert with the litigation team of paralegals and attorneys utilizing traditional methods and computer-based applications in family law, Chapter11 Bankruptcies, Civil Litigation.
Analyze and compile data for bankruptcy filings and research legal issues to Bankruptcy, Corporate and Family Law Cases
Analyze contracts and modifications, court transcripts, pleadings, as well as background documents to assist attorneys with case strategy and development
Attorney, Law Offices of Janet Pittman Reed, Jacksonville, NC, 1997-2010:
Represented clients in civil litigations, civil rights, landlord/tenant relations, family law, corporate law, contract drafting and negotiations, real estate transactions, and dispute resolution including mediation and settlement conferences
Prepared and reviewed pleadings, settlement agreements, contracts, deeds of trust, powers-of-attorney, wills, trusts and other documents
Performed research, drafted memos, motions and other court filings for a general litigation firm with a variety of clients.
Compliance Office, Detroit, MI and Chicago, IL,1989-1992, US Department of Labor, Office of Compliance and Contracts and Purchases.
Conducted investigations involving contractors’ compliance with affirmative action and non-discrimination policies for minorities, women, handicapped and veterans which resulted in preparation and generation of reports for review by federal agencies
Provided general assistance to the compliance office working with a diverse population
Education
Ms. Reed graduated with a Juris Doctor Degree from the University of Florida Holland Law Center, Gainesville, Florida in 1985, and was admitted to the practice of law in North Carolina in 1997.
Summer Legal Internship Syracuse University Study Abroad Program in London England, United Kingdom Studying English Legal models through hands- on experience working with Barristers and Solicitors at the Greenhouse, Stirton, and Co. in Islington, England.
Before her law studies, she received a Bachelor of Arts from the University of Illinois, Champaign, Illinois, Political Science/Business Major (1979-1983).
Professional Affiliations
NC State Bar
NC Advocates for Justice
American Bar Association
National Bar Association
NC Bar Association
Fourth Judicial District Bar Association
Volunteer and Community Development
Member of the Professional Wellness Committee of the North Carolina Bar, whose purpose it is to make sure that lawyers of all ages and stages of practice have the information and support they need to take care of themselves, as well as their clients (September 2018 – present). See https://ncbarblog.com/welcome-to-the-new-professional-wellness-committee/
Member Legal Affairs Committee 2018-2019, North Carolina Advocates for Justice (NCAJ) The Legal Affairs Committee focuses on developing the amicus moot court programs that are an important part of the work that NCAJ does to serve the legal community. See https://www.ncaj.com/index.cfm?pg=about_us
Volunteer with the Charity Tri-Counties Crusaders, a Housing Assistance Service in Jacksonville, North Carolina. The Charity is a reentry program that provides a pre- and post-release programs for those formerly incarcerated in Eastern, North Carolina. See https://www.facebook.com/TCCReentry/
Volunteer, Raleigh Rescue Mission, Raleigh, NC
Volunteer, Dress for Success, Raleigh/Durham, NC
Volunteer Attorney, North Carolina Bar Association- Lawyer on the Line
X-Treme Travel Certified Travel Agent offering group and individual travel services.
Motivational Speaker including being Moderator, Guest Speaker on Basic Family Law services including custody and domestic violence, Juneteenth Event guest Speaker
References:
Website: https://janetreedlaw.com/
Blog: https://janetreedesq.blogspot.com/
Attorney Profile: https://solomonlawguild.com/janet-p-reed
News: https://hype.news/janet-p-reed-attorney-in-north-carolina/
LinkedIn: https://www.linkedin.com/in/janetpittmanreed/
Twitter: https://twitter.com/leglone?lang=en