N.C. Gen. Stat. » Chapter 7B
NC General Statutes

N.C. Gen. Stat. § 7B-805 (2026)

Quantum of proof in adjudicatory hearing

✓ current as of July 2026
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The allegations in a petition alleging that a juvenile is abused, neglected, or dependent shall be proved by clear and convincing evidence. (1979, c. 815, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2010-90, s. 12; 2013-129, s. 20.)

 

§ 7B-806.  Record of proceedings.

All adjudicatory and dispositional hearings shall be recorded by stenographic notes or by electronic or mechanical means. Records shall be reduced to a written transcript only when timely notice of appeal has been given. The court may order that other hearings be recorded. (1979, c. 815, s. 1; 1998-202, s. 6; 1999-456, s. 60.)

 

Notes of Decisions
Cited in 106 cases (23 in the last 5 years), 2000–2026 · leading case: In re T.N.H., 831 S.E.2d 54 (N.C. 2019).
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In re T.N.H., 831 S.E.2d 54 (N.C. 2019). · cites it 3× “In the 2018 adjudicatory order, while recounting the historical facts of the case, the trial court found as fact that respondent "did not make sufficient progress towards remedying the conditions which brought [Troy] into the custody of WCHS and failed to complete the Out of…”
Scarborough v. Dillard's, Inc., 693 S.E.2d 640 (N.C. 2009). · cites it 6× “§ 1D-15(b) is neither novel nor unique in our statutory scheme and case law. Our statutes require varying burdens of persuasion—from preponderance of the evidence, to clear and convincing, to beyond a reasonable doubt.”
In Re O.W., 596 S.E.2d 851 (N.C. Ct. App. 2004). · cites it 4× “In the adjudicatory phase of a hearing to determine if a child is abused or neglected, the petitioner is required to prove allegations of abuse or neglect by “clear and convincing evidence,” N.C. Gen. Stat. § 7B-805 (2003), while in the disposition stage the court’s decision as…”
In re K.J.D., 203 N.C. App. 653 (N.C. Ct. App. 2010). · cites it 6× “The order also set forth various requirements for the *657 respondent-mother, including completion of parenting classes, securing stable housing and employment, completion of anger management classes, completion of a psychological evaluation and set a date for a permanency…”
In Re Kjd, 692 S.E.2d 437 (N.C. Ct. App. 2010). · cites it 6× “The order also set forth various requirements for the respondent-mother, including completion of parenting classes, securing stable housing and employment, completion of anger management classes, completion of a psychological evaluation and set a date for a permanency planning…”
In re D.C., 644 S.E.2d 640 (N.C. Ct. App. 2007). · cites it 4× “) N.C. Gen.Stat. § 7B-805 (2005) provides that the petitioner must prove "the allegations in a petition alleging, abuse, neglect, or dependency" by "clear and convincing evidence.”
In re E.C., 621 S.E.2d 647 (N.C. Ct. App. 2005). · cites it 3× “Sufficient evidence was presented to support the trial court's conclusion that respondent neglected the child.”
In re E.P., 645 S.E.2d 772 (N.C. Ct. App. 2007). · cites it 4× “Based upon this evidence, the trial court found only that there had been "some evidence" of substance abuse by respondent father, that there was "no substantial evidence of any connection between the substance abuse and domestic violence and the welfare of [the] two children,"…”
In re T.H.T., 648 S.E.2d 519 (N.C. Ct. App. 2007). · cites it 2× “was an abused and neglected juvenile. Respondent-Mother challenges several of the trial court's findings of fact and conclusions of law.”
In Re Pittman, 561 S.E.2d 560 (N.C. Ct. App. 2002). · cites it 2× “See G.S. § 7B-805. “A proper review of a trial court’s finding of [abuse and] neglect entails a determination of (1) whether the findings of fact are supported by ‘clear and convincing evidence,’ and (2) whether the legal conclusions are supported by the *764 findings of fact.”
In Re Mashburn, 591 S.E.2d 584 (N.C. Ct. App. 2004). · cites it 4× “N.C. Gen.Stat. § 7B-805 (2003). A neglected juvenile is defined as: A juvenile who does not receive proper care, supervision, or discipline from the juvenile's parent, guardian, custodian, or caretaker; or who has been abandoned; or who is not provided necessary medical care; or…”
In Re McCabe, 580 S.E.2d 69 (N.C. Ct. App. 2003). · cites it 2× “We disagree and affirm the order of adjudication of the trial court.”
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