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In re Tucker

Filed: June 15, 1982.

IN THE MATTER OF LENETTE TUCKER AND CASHAWN TUCKER


Appeal by respondent from Guy, Judge. Order entered 4 June 1981 in District Court, Cumberland County. Heard in the Court of Appeals 7 May 1982.

Whichard, Judge. Judges Webb and Wells concur.

Whichard

Petitioner, the Cumberland County Department of Social Services, alleged that respondent's two minor children were neglected in that (1) they did not receive proper care, supervision, or discipline; (2) they had not received necessary medical

care; and (3) they lived in an environment injurious to their welfare. Respondent in open court denied the allegations.

Petitioner's evidence consisted of the testimony of two social workers. The first, respondent's case worker from March 1980 through March 1981, testified in pertinent part as follows:

Over objection that the evidence constituted inadmissible hearsay, he stated that he knew that respondent had missed certain appointments; that when Cashawn missed an appointment in Chapel Hill, he was called; that when Lenette or Cashawn missed an appointment at physical therapy, he was called; and that on occasions when respondent missed appointments with the WIC program, he was called. Respondent told him the Chapel Hill appointment was too early. As to the other appointments, she either denied that they existed or said "the ride didn't come by to pick them up."

He stated that Lenette was out of phenobarbital in March, but respondent did not have an appointment to get another prescription until July. Over objection, he stated that Lenette had seizure disorders.

The witness further testified that he had discussed with respondent "her being intoxicated" and that she "admitted to drinking but not to having been intoxicated." He had noticed the effects of respondent's drinking on the days he visited with her and had talked with her about getting involved in an alcohol treatment program. She responded that she did not have a drinking problem.

The second social worker testified as follows: She saw respondent at the hospital on a single occasion. Respondent had a strong odor of alcohol on that occasion, and she felt that respondent was intoxicated. Respondent was hostile when talking to her. Respondent at first refused to admit her child to the hospital. She finally allowed the child to be admitted when the witness told her if she did not the witness would obtain a court order to have the child admitted.

Respondent offered no evidence.

The court found as facts that: respondent had failed to keep medical appointments for Lenette; ...


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