In re R.R.N.

At issue in this case was whether an adult relative who supervises a child during a sleepover is a “caretaker” of that child under section 7B-101(3) of the Juvenile Code. R.R.N. was abused by Mr. B., a relative, when she spent the night at his house along with his wife and three children. The Wilson County Department of Social Services (DSS) filed a petition alleging that R.R.N. was an abused and neglected juvenile, stating that Mr. B. was R.R.N.’s “caretaker” when R.R.N. spent a single night at his house. Respondent, R.R.N.’s mother, filed a motion to dismiss the petition, arguing that the Juvenile Code did not apply because Mr. B. was not R.R.N.’s caretaker. The trial court disagreed and adjudicated R.R.N. to be an abused and neglected juvenile, thereby allowing the court to assume authority over R.R.N. and her family. The court of appeals reversed. The Supreme Court affirmed, holding that Mr. B. was not R.R.N.’s “caretaker,” as contemplated by section 7B-101(e), when he sexually abused her, and therefore, the trial court erred in adjudicating R.R.N. an abused and neglected juvenile. View "In re R.R.N." on Justia Law