In Re A.K

In In re A.K., 178 N.C. App. 727, 637 S.E.2d 227 (2006) however, the trial court based its adjudication of neglect on its finding that "A.K. was at 'substantial risk of neglect' because of father's failure to acknowledge the cause of C.A.K.'s injuries." Id. at 731, 637 S.E.2d at 229. This Court pointed out, however, that the only evidentiary support for this finding was an order entered nine months earlier. The Court carefully limited its holding in reversing the adjudication of neglect: "Consequently, where the trial court did not accept any formal evidence in addition to its consideration of the prior court orders concerning C.A.K., and the only order concerning C.A.K. that contained findings by the clear and convincing standard of proof was from a hearing occurring many months earlier, the trial court could not, on this record, conclude that 'the minor child would be at substantial risk of neglect if placed in the custody of the . . . parents at this time.'" Id. at 732, 637 S.E.2d at 230.