In re K.M.

I dissent from the majority’s reversal of the Superior Court judgment that KM. is a neglected child pursuant to D.C.Code § 16-2301 9(A)(ii) and (iii) (2012). Rather, I agree with K.M.’s Guardian ad Litem, the magistrate trial judge and appellee District of Columbia that the evidence was sufficient to establish neglect by a preponderance of the evidence. I also point out that even though the majority concludes the evidence presented at trial was insufficient to establish neglect, it also takes judicial notice of the recent order from the Family Court that awarded KM.’s maternal grandmother,…