What is Abuse, Neglect, and Dependency?

Picture this, you’re driving down Capital Boulevard and on the way to meet your family for dinner. It’s 5:08 pm and the traffic is congested and barely creeping along. You’re strapped in, your rambunctious 5 year old is in the passenger side, although it’s illegal, the restaurant was about 9 minutes away from your home. Just as you cross over Millbrook Road, a minivan smashes into your passenger side and your child is severely injured. You had 3 glasses of wine before you left, just to take the edge off and you were blood tested at the scene. You were taken into custody. What happened to your 5 year old? 

According to the Due Process Clause of the Fourteenth Amendment, parents have the ultimate right to raise their children. Children cannot be placed in DSS custody without the right to due process. 

Oftentimes, behavior of one or both parents can lead to their children being placed in the custody of the county. The Department of Social Services is tasked with (mission). There are several instances where taking physical or legal custody is warranted, however there are even more times where the taking of one’s child is unfounded. The allegations listed in a petition can fall under three separate categories: 

Abuse 

The Juvenile Code defines an abused juvenile as any juvenile less than 18 years of age 

•  who is found to be a minor victim of human trafficking under G.S. 14-43.15 or 

• whose parent, guardian, custodian, or caretaker 

• inflicts or allows to be inflicted on the juvenile a serious physical injury by other than accidental means; 

• creates or allows to be created a substantial risk of serious physical injury to the juvenile by other than accidental means; 

• uses or allows to be used on the juvenile cruel or grossly inappropriate procedures or devices to modify behavior; 

• commits, permits, or encourages the commission of a violation of laws involving sex and other crimes (the statute lists specific laws) by, with, or upon the juvenile; • commits or allows to be committed against the juvenile an offense involving human trafficking, involuntary servitude, or sexual servitude; 

• creates or allows to be created serious emotional damage to the juvenile (serious emotional damage is evidenced by a juvenile’s severe anxiety, depression, withdrawal, or aggressive behavior toward himself, herself, or others); or 

• encourages, directs, or approves of delinquent acts involving moral turpitude committed by the juvenile.

Neglect 

The Juvenile Code in G.S. 7B-101(15) defines a neglected juvenile as 

• one who is found to be a minor victim of human trafficking under G.S. 14-43.15; 

• one whose parent, guardian, custodian, or caretaker or does not provide proper care, supervision, or discipline to the juvenile; 

• has abandoned the juvenile; 

• has not provided necessary medical or remedial care for the juvenile; 

• creates or allows to be created a living environment that is injurious to the juvenile’s welfare; 

• has unlawfully transferred custody of the juvenile under G.S. 14-321.2 (effective for offenses committed on or after December 1, 2016); or 

• has illegally placed the juvenile for care or adoption in violation of the law; or 

• one whose parent, guardian, or custodian has refused to follow the recommendations of the Juvenile and Family Team regarding a “vulnerable juvenile” who is receiving juvenile consultation services from a juvenile court counselor

Dependency 

. Definition of dependency. G.S 7B-101(9) defines a dependent juvenile as one in need of assistance or placement because 

• the juvenile has no parent, guardian, or custodian responsible for the juvenile’s care or supervision; or 

• the juvenile’s parent, guardian, or custodian is unable to provide for the child’s care or supervision and lacks an appropriate alternative child care arrangement.