In re K.M.

75 A.3d 224, 2013 WL 5037774, 2013 D.C. App. LEXIS 600
CourtDistrict of Columbia Court of Appeals
DecidedSeptember 12, 2013
DocketNo. 11-FS-1234
StatusPublished
Cited by21 cases

This text of 75 A.3d 224 (In re K.M.) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re K.M., 75 A.3d 224, 2013 WL 5037774, 2013 D.C. App. LEXIS 600 (D.C. 2013).

Opinions

McLEESE, Associate Judge:

After an evidentiary hearing, a magistrate judge found that K.M., who was twelve years old at the time, was a neglected child. More specifically, the magistrate judge found that KM.’s mother, appellant L.M., suffers from a delusional disorder of persecutory type, and that this mental illness has harmed KM.’s mental and emotional health. The finding of neglect was affirmed by the reviewing judge. On appeal to this court, L.M. argues that the evidence does not support the determination that K.M. is a neglected child. We agree with L.M. and therefore reverse.

I.

A.

The following evidence was adduced at the evidentiary hearing. In September 2010, the D.C. Child and Family Services Agency (“CFSA”) received a hotline report raising concerns about L.M.’s mental health. CFSA investigator Guillermo Cin-tron and CFSA social worker Meghan Snyder met with L.M. and K.M. in their home. Mr. Cintron explained D.C. law regarding child abuse and neglect to L.M., and reviewed the allegations against her. Mr. Cintron found L.M. to be “very calm” and “very organized.” L.M. showed Mr. Cintron around the apartment, and he determined that the home was clean, neat, and adequately stocked with food. L.M. denied the allegations against her, but Mr. Cintron remained concerned about her mental health in light of L.M.’s expressed concerns that a group of people were “following her and doing different things to her.” While Mr. Cintron spoke with L.M., Ms. Snyder interviewed K.M. in a separate room. After completing a home assessment and determining that the situation was safe for K.M., Mr. Cintron and Ms. Snyder left the home.

Approximately one week later, CFSA received another hotline report concerning K.M. Mr. Cintron immediately went to KM.’s school. After discussing the allegations with K.M., Mr. Cintron decided to remove K.M. from L.M.’s custody immediately and to place him in foster care.1 [227]*227During the interview, KM. appeared fearful to Mr. Cintron. Unable to reach L.M. at home, Mr. Cintron left a letter at the front desk of L.M.’s building to inform her of KM.’s removal. Later that evening, Mr. Cintron received a very angry call, from L.M., during which L.M. expressed deep suspicion of Mr. Cintron. According to Mr. Cintron, L.M. called him a liar, accused him of being part of the group of people who were “out to get her,” and said that he was “part of the conspiracy” against her.

Ms. Esther Song was KM.’s social worker after he was placed in foster care. Ms. Song testified that, starting a month or so after KM. was placed in foster care, she observed KM. occasionally misbehaving at school and in the car when Ms. Song drove him places. On one occasion, when Ms. Song refused KM.’s request for a meal while they were driving to his foster home, he started throwing trash at her. During this same car trip, KM. tried unsuccessfully to open the car door at a stop light and get out of the car. When he was unable to do so, he punched Ms. Song’s arm while she was driving and said he was planning to punch her in the face. Ms. Song spoke with L.M. about KM.’s behavior in the car, but K.M. and L.M. both accused her of lying. On another day when Ms. Song was driving K.M. to a supervised visit with L.M., KM. began banging on the window after Ms. Song refused to put the window down. Ms. Song warned KM. that if he tried to damage the car or made her feel unsafe or uncomfortable, she would not be able to drive him places. K.M. said that she was not allowed to stop his visits, but Ms. Song explained that another social worker would have to transport him. When they arrived at their destination, K.M. told L.M. that Ms. Song was trying to prevent their visits, that Ms. Song was evil, and that Ms. Song was part of a North Korean invasion of America.

Two expert witnesses testified. First, psychiatrist Dr. Susan Theut testified as an expert in child, adolescent, and adult psychiatry. After interviewing L.M. as part of a court-ordered psychiatric evaluation, Dr. Theut provisionally diagnosed L.M. as suffering from “delusional disorder persecutory type.” Dr. Theut described this disorder as involving irrational and firmly fixed beliefs that one “is being harmed by others or other people mean to hurt [] or persecute [one].” During Dr. Theut’s interview with L.M., Dr. Theut observed that L.M. was “preoccupied with the fact that some people called the Smalls and the Tuckers have been following her ... [and] that they mean to hurt her, that they have gone through her belongings, stolen things from her.” L.M. told Dr. Theut that the Smalls and the Tuckers had pursued her in Georgia, Maryland, and now in Washington D.C., and had been out to get her since at least 1998. L.M. also told Dr. Theut that K.M. was taken away from her by CFSA because she had sued the United States government. Dr. Theut explained that her diagnosis was provisional because she had no “collateral information” to support her diagnosis. In particular, Dr. Theut lacked L.M.’s prior medical or psychiatric records, other information about L.M.’s medical history, and information from persons close to L.M. in the last ten years. Nevertheless, based on Dr. Theut’s interview with L.M., Dr. Theut “felt [L.M.] really does have delusional disorder persecutory type.”

Dr. Theut opined that a person with delusional disorder who did not obtain treatment would have an “extremely poor” ability to independently parent children. Dr. Theut explained that: (1) “there’s always a concern about ... the behavior that can be driven by the delusions;” (2) [228]*228persons with delusional disorder are “always questioning other people’s motives;” and (8) “children raised around people who have a delusional disorder become very scared and frightened ... [and] often don’t know who[m] to trust.” When asked what effect a parent’s persecutory-type delusions would or could have on a child, Dr. Theut stated that the child “could” become fearful of other people, and that the child “could end up with ... a shared delusional disorder,” where the child shares the parent’s delusional beliefs and starts exhibiting the same kind of paranoid behavior. Dr. Theut further testified that there would be concerns about the child’s ability to trust others, such as teachers, and whether the child could differentiate between delusions and reality. Dr. Theut stated that she thought reunification of K.M. with L.M. would be “very problematic” if L.M. did not seek treatment for her disorder. Dr. Theut noted that she had discussed treatment options with L.M., but that L.M. did not believe she needed treatment.

Dr. Theut acknowledged that it is possible for a person to suffer from a mental illness and adequately parent a child, and explained that the person’s parenting ability would depend on the nature, extent, and severity of the mental illness. Dr. Theut also acknowledged that persons with delusional disorder can be “very functional except when the delusions intrude,” and that such persons “can present sometimes in a normal way.” Finally, Dr. Theut acknowledged that L.M. was cooperative during their interview and that Dr. Theut personally did not observe any impulsive behavior by L.M.

Psychologist Dr. Seth King testified as an expert in adult and child psychology and psychological assessments. Dr. King also conducted a court-ordered clinical interview with L.M., which resulted in a provisional diagnosis of delusional disorder of persecutory type. Dr. King testified that although L.M.

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Cite This Page — Counsel Stack

Bluebook (online)
75 A.3d 224, 2013 WL 5037774, 2013 D.C. App. LEXIS 600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-km-dc-2013.