Legal Opinion · Dissent

In re J.G.

District of Columbia Court of Appeals

Decided September 18, 2003No. 02-FS-131Published

1DissentWagner, Chief Judge

The trial court’s decision to sever permanently the child’s relationship with the mother and free him for adoption was based on two grounds, neither of which was established by clear and convincing evidence as required. The first was based on abandonment under D.C.Code § 16-304(d); however, this section bars such a finding where it is shown that the parent’s failure is unintentional and due to poverty. This record shows unequivocally that the twenty-five year-old mother of five children was without financial resources of her own, and her husband failed to contribute to her support or the…

2Cases cited6 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Quilloin v. WalcottSupreme Court of the United States · 1978
  3. Appeal of H.R.District of Columbia Court of Appeals · 1990
  4. In re L.W.District of Columbia Court of Appeals · 1992
  5. In Re Baby Boy C.District of Columbia Court of Appeals · 1993

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