This nеglect proceeding evolved when a family made an emergency trip to a hospital because of the young mother’s severe back pain, when her hungry, bottle-fed, twenty-five-day-old infant began crying during the ensuing wаit for the mother’s treatment, and when an exasperated father administered excessive discipline in an attempt to quiet the infant.
The trial judge, hearing a child neglect petition filed by the District against the parеnts of the infant, A.S., found that the government had proved by a preponderance of the evidence that A.S. was a neglected child pursuant to D.C.Code § 16-2301(9)(A)
The mother (B.S.) alone appeals, urging that under the circumstances of this case, the evidence of the dehydration of A.S. did not rise to the level of statutory neglect. We agree and wе recite those circumstances in further detail below.
I.
On the morning of September 7, 1991, B.S., mother of A.S. and appellant in this case, was taken by her husband to Providence Hospital after she began experiencing severe back pains. The infant, A.S., who was twenty-five days old at the time,
The trial court held a factfinding hearing on the District’s petition. At this hearing, both parents testified that on the morning of September 7, 1991, A.S. was fed an eight-ounce bottle of formula between 5:30 and 6:00 a.m. аnd another bottle while riding in the taxicab to the hospital. B.S. also stated that A.S. had a healthy appetite and that he was usually fed every one and one-half hours. On behalf of the government, Dr. Matera testified that A.S. wаs diagnosed as suffering from “clinical dehydration” because the mucous membranes in his mouth were “fairly dry” and both the anterior and posterior fontanels
II.
In a case tried by the judge without a jury, the judgment will not be disturbed on appeal except for errors of law “unless it is ‘plainly wrong or without evidence to support it.’ ” In re S.G.,
Within this framework, we question the trial court’s conclusion that the evidence in this record was clearly sufficient to demonstrate that A.S. was neglected within the meaning of D.C.Code § 16-2301(9)(B). Dr. Matera testified that the feeding schedule of a normal child of A.S.’ age would range from one and one-half hours to three hours on the hour. He also indicated that a clinical judgment оn the hydration of a child is readily determined by examining (1) the mucous membranes in the child’s mouth, and (2) the anterior and posterior fontanels on the child’s head. In his examination of A.S., Dr. Matera found that his mucous membranes were “fаirly dry and that the fontanels were sunken or lacked pressure which would indicate some dehydration.” Based on these symptoms, Dr. Matera opined that A.S. missed anywhere from one to three feedings and that he had been without food or liquids for six hours. Despite his diagnosis that A.S. was clinically dehydrated, Dr. Matera did not testify that A.S. sustained any injury or that he was in any danger of injury or illness based on his examination. In fact, Dr. Mat-era indicated that all of A.S.’ vital signs wеre stable and normal. Recognizing that “[n]e-glect proceedings are remedial and focus on the child,” In re J.J.Z., supra,
In determining whether a child’s welfare requires the intervention of the state, the trial court’s inquiry must go beyond “ ‘simply examining the most recent episode.’ ” In re J.J.Z., supra,
“The purpose of the child neglect statute is to promote the best interests of allegedly neglected children.” In re B.C.,
So ordered.
Notes
. D.C.Code § 16-2301(9) (1989), provides that the term "neglected child” means a child:
(A) who has beеn abandoned or abused by his or her parent, guardian, or other custodian; or
(B) who is without proper parental care or control, subsistence, ... or other care or control necessary for his or hеr 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 custodiаn is unable to discharge his or her responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental incapacity....
. The trial court also held that the government had failed to prove that A.S. was a neglected child pursuant to § 16-2301(9)(C) because of the inability of the mother (with back problems) and the father (with kidney failure) to care for the infant.
. A.S. was bom on August 13, 1991.
. Dr. Matera explained that "fontanels" are “spaces in the anterior and posterior of the skull that close after a period of time.”
. These reports are not included in the record.
. At the time of the hearing, B.S. testified that physical therapy helped to alleviate her back pains.
