In re J.R.
2011 D.C. App. LEXIS 695
| D.C. | 2011Background
- Appellant T.R. challenges DC trial court jurisdiction over J.R. and the neglect finding under DC Code § 16-2301(9)(A)(ii).
- J.R. was born Feb 28, 2008; appellant has been a DC ward for over a decade; J.R. lived with appellant in Maryland.
- CFSA had placed them in Maryland via DC Superior Court order and provided ongoing oversight.
- Pre-petition custody order was issued to remove J.R. from appellant; J.R. was later in DC for appellant’s neglect hearing.
- Magistrate judge found J.R. neglected; DC associate judge affirmed; appeal followed.
- Court concludes its jurisdiction and neglect determination were proper under the UCCJEA and related DC law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DC had jurisdiction under UCCJEA to proceed | T.R. argues DC lacked initial/temporary jurisdiction | DC had home-state and non-home-state jurisdiction via UCCJEA provisions | Yes; DC validly exercised jurisdiction under UCCJEA §16-4602.01(a)(2) |
| Whether temporary emergency jurisdiction was warranted | Events in Maryland did not present an emergency | Non-emergency jurisdiction also supported by §16-4602.01 | Unnecessary to decide; jurisdiction upheld on non-emergency grounds |
| Whether evidence supports neglect finding | Evidence insufficient; neglect tied to financial hardship | Evidence shows repeated lack of proper parental care beyond finances | Yes; evidence supports neglect under §16-2301(9)(A)(ii) based on entire mosaic |
Key Cases Cited
- Assidon v. Abboushi, 16 A.3d 939 (D.C.2011) (emergency jurisdiction to protect child’s interests)
- In re S.G., 581 A.2d 771 (D.C.1990) (consider the entire mosaic of the child’s history)
- In re A.H., 842 A.2d 674 (D.C.2004) (liberal construction of neglect; entire history test)
- In re T.G., 684 A.2d 786 (D.C.1996) (entire mosaic includes causes and reasons for neglect)
- In re E.H., 718 A.2d 162 (D.C.1998) (burden of proof in neglect action; preponderance)
- In re N.P., 882 A.2d 241 (D.C.2005) (consider events outside DC in determining neglect)
- In re Smith, 880 A.2d 269 (D.C.2005) (mootness of pre-petition order later actions moot)
- Martin v. District of Columbia Courts, 753 A.2d 987 (D.C.2000) (jurisdiction questions reviewed de novo)