An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Proced ure.

NO. COA04-114


Filed: 01 February 2005

                                    Johnston County
                                    No. 02 J 154

    Appeal by respondent-mother from an order adjudicating C.E.M. neglected and dependant entered 29 August 2003 by Judge Jacquelyn L. Lee in Johnston County District Court. Heard in the Court of Appeals 22 September 2004.

    Jennifer S. O'Connor, for Petitioner-Appellee Johnston County Department of Social Services.

    Sofie W. Hosford, for Respondent-Appellant.

    STEELMAN, Judge.

    C.E.M., a minor child, was born on 31 August 2002 in Johnston County. On that same date an order for non-secure custody was entered by the District Court of Johnson County under N.C. Gen. Stat. § 7B-502 placing custody of C.E.M. with the Department of Social Services. A series of orders on the need for continued non- secure custody were entered by the court from September 2002 through January 2003. An adjudication hearing was scheduled on seven different occasions before it was held on 12 February 2003. Respondent was not present at any of the hearings on the continuation of the non-secure custody order after 18 September2002, and was not present at the adjudication hearing on 12 February 2003. At that hearing the court found C.E.M. to be neglected and dependent. Respondent mother appeals from the adjudication order.
    Appeals in this type of juvenile proceeding are governed by the provisions of N.C. Gen. Stat. § 7B-1001 (2004). This statute allows for the appeal of an order of disposition entered following an adjudication. It does not provide for the appeal of an order of adjudication. There being no right of appeal from the order of adjudication, this appeal must be dismissed. In re A.L., __ N.C. App. __, __, 601 S.E.2d 538, 538 (2004); In re Laney, 156 N.C. App. 639, 577 S.E.2d 377 (2003), rev denied, 357 N.C. 459, 585 S.E.2d 762, (2003).
    Judges CALABRIA and GEER concur.
    Report per Rule 30(e).

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