Legal Opinion
In re D.S.
District of Columbia Court of Appeals
Decided February 21, 2013No. Nos. 10-FS-1556, 10-FS-1557, 10-FS-1558, 10-FS-1559, 10-FS-1560, 10-FS-1561PublishedCited by 4 opinions
1Opinion of the Court
On Petition for Rehearing
BECKWITH, Associate Judge:
In a child neglect case the trial court determines, first, whether a child has been neglected and then, if so, who the temporary custodian shall be pending further proceedings. No one questions that the court resolves the neglect issue by a preponderance of the evidence. D.C.Code § 16 — 2317(c)(2) (2012 Supp.). On petition for rehearing, however, the government questions our conclusion that unless a father has relinquished his parental “opportunity” and is found unfit, the custody issue must be determined, on remand, by clear and convincing…
2Cases cited11 opinions
- In re S.G.District of Columbia Court of Appeals · 1990
- In re T.J.District of Columbia Court of Appeals · 1995
- In Re Ko. W.District of Columbia Court of Appeals · 2001
- In re B. K.District of Columbia Court of Appeals · 1981
- T.H. v. District of ColumbiaDistrict of Columbia Court of Appeals · 1990
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3Cited by4 opinions
- In re D.S.District of Columbia Court of Appeals · 2012
- W.H. v. D.W.District of Columbia Court of Appeals · 2013
- In re D.S., K.M., B.S., R.S., T.S. & P.S.District of Columbia Court of Appeals · 2014
- In re D.S., K.M., B.S., R.S., T.S. & P.S.District of Columbia Court of Appeals · 2014