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IN RE C.B.

No. COA05-1517.

636 S.E.2d 336 (2006)

In re C.B., J.B., Th.B., & Ti.B.

Court of Appeals of North Carolina.

November 7, 2006.

Attorney(s) appearing for the Case

Regina Floyd-Davis, Wilmington, for petitioner-appellee.

R. Kent Harrell, Burgaw, for respondent-guardian ad litem.

Sofie W. Hosford, for respondent-appellant.

WYNN, Judge.

Section 7B-101(1) of the North Carolina Juvenile Code defines an abused juvenile as one whose parent has "inflicted upon the juvenile a serious physical injury[.]"1 Here, the only evidence in the record of abuse is a spanking or whipping by the father with a belt that resulted in a bruise on the buttocks. Because this evidence does not rise to the level of "serious injury" to constitute abuse, we hold that the trial court...

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