Establishing Nexus between Substance Abuse and Adverse Impact on Child Critical in Neglect Cases

Many, if not most juvenile cases, involve substance abuse as at least one problem that impairs a parent, guardian, caretaker or custodian’s ability to provide effective care for dependent children. When formulating pleadings that allege neglect due to substance abuse in the home, it is essential that the pleadings set forth allegations that there is substantial evidence a child either suffers physical, mental, or emotional impairment, or that the child is at a substantial risk of suffering such impairment, as the result of substance abuse in the child’s home. See In re K.J.B., 248 N.C. App.__, 797 S.E.2d 516 (2016); In re E.P., 183 N.C. App. 301, 645 S.E.2d 772, aff’d per curiam, 362 N.C. 82, 653 S.E.2d 143 (2007).

The import of this established legal doctrine was touched upon most recently in the North Carolina Court of Appeals opinion in In re : J.C.M.J.C., J.J.C.C., C.O.C, __N.C. App.__,__S.E.2d__(October 15, 2019). In that case, the Court of Appeals reversed a trail court’s adjudication of neglect where allegations were that a child’s clothes “smelled of marijuana” without other evidence that the child welfare suffered as a result of substance abuse in the home.

Juvenile pleadings, and the accompanying substantial evidence of both impairment and adverse impact, can come in many forms. For example, a newborn child testing positive for controlled substances at birth demonstrating listlessness, tremors, unabated crying, physical defect, or impaired development can meet the evidentiary standard. See In re Leftwich, 135 N.C. App. 67, 518 S.E.2d 799 (1999). Likewise, demonstrating that a child was in the sole care of an impaired individual whether in the home or in an automobile. See In re L.W., 175 N.C. App. 387, 623 S.E.2d 626, appeal dismissed and disc review denied, 360 N.C. 534, 633 S.E.2d 818 (2006); In re E.C., 174 N.C. App. 517, 621 S.E.2d 647 (2005).  Finally, in cases where there is household financial instability, allegations and accompanying proof that the household income is being siphoned away to support a drug habit might also be sufficient to meet the standard.

The critical point is that allegations and evidence of substance abuse, standing alone, will not be sufficient to establish neglect unless a nexus is made between the complained of activity and the welfare of a child in the home.