In re T.J.

666 A.2d 1, 1995 D.C. App. LEXIS 182
CourtDistrict of Columbia Court of Appeals
DecidedSeptember 21, 1995
DocketNos. 94-FS-140, 94-FS-274 and 94-FS-277
StatusPublished
Cited by48 cases

This text of 666 A.2d 1 (In re T.J.) 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 T.J., 666 A.2d 1, 1995 D.C. App. LEXIS 182 (D.C. 1995).

Opinion

KING, Associate Judge:

T.J., a five-year old boy (“adoptee,” “child,” or “T.J.”), M.D., T.J.’s maternal great-aunt (“great-aunt”), and C.J., T.J.’s mother, (“mother,” “natural mother,” or “C.J.”), are appealing the Superior Court’s order granting the adoption petition of M.H., T.J.’s foster mother, (“foster mother”) and denying the custody complaint of the great-aunt. The neglect, adoption, and custody cases were consolidated, and the adoption and custody issues were tried before Judge Stephen F. Eilperin in November 1993. The parties to the consolidated cases were the District of Columbia (“District”); the child, through his court-appointed guardian ad li-tem; the foster mother, the adoption petitioner; the great-aunt, the custody complainant; and, the child’s parents, the mother and D.L. (“the father”). At trial, the District, the guardian ad litem) and both the child’s parents supported the great-aunt’s custody petition. We reverse.

The term “neglected child" means a child: (A) who has been abandoned or abused by his or her parent, guardian, or other custodian; or (B) who is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his or her physical, mental, or emotional health, and the deprivation is not due to the lack of financial means of his or her parent, guardian, or other custodian; or
(C)whose parent, guardian, or other custodian is unable to discharge his or her responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental incapacity.

I. Procedural History

A. The Neglect Case

The proceedings began in the trial court as a petition filed by the government on April 17, 1991, pursuant to D.C.Code § 16-2301 et seq., alleging that the child, then 19 months old, was a neglected child. Following an initial court hearing, held the same day, the court found probable cause to support the neglect allegations and placed the child in shelter care with the D.C. Department of Human Services (“DHS”). The child was subsequently placed at St. Anne’s Infant and Maternity Home (“St. Anne’s”), an institutional facility for neglected children, where he remained for approximately one year. On January 23, 1992, following a trial on the neglect petition, Judge Gregory E. Mize adjudicated the child neglected pursuant to D.C.Code § 16-2301(9)(C),1 because of the mother’s mental illness. Judge Mize specifically rejected a neglect adjudication pursuant to D.C.Code § 16-2301(9)(B), because the child was not without “proper care or control, subsistence, education ... or other care or control necessary for his physical, mental or emotional health.” DHS then, through a private foster-care agency on contract with DHS, For Love of Children (“FLOC”), placed the child in foster care with the foster mother and J.S., her female companion. On March 31, 1992, following a disposition hearing on the neglect case, the trial court entered a disposition order committing the child to DHS.

[5]*5Thereafter, the trial court conducted regular review hearings in the neglect case during which the court received information on the mother’s condition, including psychiatric evaluations and assessments. On July 8, 1992, the great-aunt appeared in court and expressed interest in obtaining custody of the child. On November 5, 1992, having been advised that DHS and FLOC would be recommending an immediate change in placement for the child to the great-aunt’s home, the foster mother filed a petition to adopt the child. On May 24, 1998, the great-aunt filed a complaint for custody, which was consolidated with the neglect and adoption cases.

B. The adoption petition and custody complaint dispositions

The trial court conducted a seven-day fact-finding hearing on the adoption petition and custody complaint on November 15-19 and 22-23, 1993, at which the foster mother, her partner, and the great-aunt testified. The mother, who appeared briefly on one day of the proceedings, did not testify. The father did not appear. Both the child’s parents, however, supported the great-aunt’s custody complaint. A total of sixteen witnesses testified, and a number of reports and exhibits were received into evidence. On January 7, 1994, the trial court entered an order granting the foster mother’s adoption petition, denying the great-aunt’s custody complaint, and effectively terminating the mother’s parental rights.

Concluding that there was no real possibility that either biological parent could raise the child, the court found, by clear and convincing evidence, when pitting the foster mother against the natural parents, that the parents were withholding their consent to the adoption contrary to T.J.’s best interest. In the contest for custody between the great-aunt and the foster mother, the court found, by a preponderance of the evidence, that it was in the best interest of the child to grant the foster mother’s adoption petition. The court found that both the foster mother and the great-aunt would provide T.J. with a warm and loving home, and that he would have a clearer sense of his racial, cultural, and family identity if he was raised by the great-aunt with his extended family. Nevertheless, because of the strong attachment that had formed between the child and the foster mother, the court determined that the risk of harm to the child if he was removed from his foster mother’s care outweighed those considerations. Thus, concluded the trial judge, it was in the child’s best interest to be adopted by the foster mother. This consolidated appeal followed. Because the parties contentions focused on the weight of the evidence and the parties’ relative eviden-tiary burdens, we will set forth the evidence in some detail.

II. Facts

A. Events leading to the Custody and Adoption Petitions

The child, an African-American boy, was born September 15, 1989, to mother, C.J., and father, D.L. He lived with his mother until he was nineteen months old. The mother suffers from a chronic mental illness (schizoaffective disorder) which, even with treatment, renders her unable to take care of her son on any kind of long-term basis. The child’s father has never lived with the mother or the child, has never been involved in the child’s life, and has no plans to assume care of the child.

The child was first brought to DHS’s attention by his mother in November 1990, when she requested that DHS temporarily place her son in its care because she was experiencing mental problems and was afraid she would not be able to provide appropriate care for him. Several days later, DHS returned the child to her care. Over the next five months, on about four occasions, the mother requested and received emergency care placement for the child for periods of three to ten days because she was overwhelmed with the task of caring for him. On some of these occasions, the child was placed with his great-aunt. In February 1991, the mother placed the child in voluntary foster care at St. Anne’s for one month, after which he was returned to her care.

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Bluebook (online)
666 A.2d 1, 1995 D.C. App. LEXIS 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tj-dc-1995.