Unfounded Abuse Allegations May Impact Child Custody in North Carolina

Anyone who suspects that a child is being abused or neglected can make a report to the Department of Social Services or Child Protective Services in North Carolina. This system is intended to protect children and ensure they have safe caregivers and homes. If a report is determined to be unfounded, it means that an investigation found no evidence of the reported neglect or abuse.

Use of the System as a Weapon

While most people who report abuse do so out of legitimate concern, the system is sometimes used by one parent as a tactic to hurt the other parent. This can also have harmful consequences for the children involved, as undergoing physical examinations to check for abuse can cause psychological harm.

In the matter of K.E.P., a child in Sampson County, North Carolina, an appellate court removed the child from her mother’s home after multiple unfounded allegations were made by her mother against her father.

In re: K.E.P.

The child was born in 2018, and within months of her birth, the parents’ relationship deteriorated. Both Mother and Father made domestic violence allegations against each other, and in 2019, Mother was awarded custody of the child with visitation to Father.

Between 2018 and 2021, the Department of Social Services (DSS) received five welfare reports regarding Father’s alleged mistreatment of the child. Four of the reports were investigated, and all were unsubstantiated. Over the course of the four investigations, multiple physical examinations were conducted, and the examining physician was concerned about the frequency with which the child was taken to the hospital for requested physical evaluations. A DSS worker involved in the case also became concerned about the control and manipulation of the child by Mother.

Professional Opinions

A child and family forensic evaluation was performed, and that doctor determined that it was highly improbable the child was being abused by Father and that it was highly likely she experienced emotional abuse by Mother and Mother’s family. DSS tried to implement a safety plan for the child to live with Father, but Mother refused to agree. In September 2021, DSS filed a juvenile petition alleging that the child was abused and neglected and obtained nonsecure custody of her that same day. She was then placed with Father.

The trial court heard the case in February 2024, and in May, the court entered an order for Father to have sole legal and physical custody with visitation to Mother. Mother appealed.

Appealing a Custody Order When Abuse is Involved

In Mother’s appeal, she argued that the evidence to support the findings was insufficient and that the findings lacked clarity. Additionally, she stated the order must be reversed because she did not make the abuse allegations against Father in bad faith.

The Court of Appeals disagreed with Mother’s arguments and affirmed the lower court’s ruling, stating the following:

• There is no requirement that abuse complaints must be made in bad faith in order to adjudicate a child as abused or neglected
• The argument that the findings lack clarity was without merit
• The trial court’s findings were supported by clear, cogent, and convincing evidence

A family law attorney experienced in working with the Department of Social Services can be an invaluable ally in a custody case. Contact Woodruff Family Law Group if you have concerns.