Aрpellant N.H. asks us to review a ruling that her daughter, Na.H., was a neglected child. However, N.H. did not seek review of the magistrate judge’s order by a Superior Court judge until the time for doing so had passed. We therefore affirm the Superior Court’s order dismissing the motion for review as untimely, and conclude that the merits of thе neglect ruling are not properly before us.
I. Background
On January 4 and February 1, 2011, Magistrate Judge S. Pamela Gray held a hearing to determine whether appellant’s daughter, Na.H., was neglected due to physical abuse, as defined in D.C.Code § 16 — 2301(A)(i) (2001). On February 1, Magistrate Judge Gray found that the government had proved by a preponderance of the evidence that N.H. inflicted physical injury upon Na.H. beyond what was permitted for parental discipline “reasonable in manner and moderate in degree.” D.C.Code § 16 — 2301(23)(B)(i) (2001). Accordingly, Judge Gray adjudicated Na.H. neglected due to physical abuse.
The court then turned to the question of disposition. At the close of the February 1 hearing, the court issued a disposition order that consisted of handwritten findings on a pre-printed form, and orally explained the findings of fact and conclusions
N.H. filed a motion for review in the Superior Court on May 12, 2011, more than three months after the disposition order was еntered, but within ten business days after Magistrate Judge Gray issued her written findings of fact and conclusions of law.
II. Analysis
A. The time for seeking Superior Court review ran from the entry of the February 1 disposition hearing order.
While magistrate judges may enter “final orders оr judgments” of the Superi- or Court, D.C.Code § 11-1732A (d)(2) (2001), “[s]uch orders or judgments are not final for purpose of review in this court,” Bratcher v. United States,
In cases of this kind, Family Court General Rule D(e) requires that a motion for review of a magistrate judge’s order be filed within ten days, although it permits a twenty-day extension of that period upon a shоwing of excusable neglect.
In both In re Ak.V. and In re A.B., a Superior Court judge, not a magistrate judge, conducted the neglect proceedings. Nevertheless, both cases squarely addressed the question of when the order was final for purposes of seeking rеview, and we clearly held that the disposition order was the final order. Those holdings govern in this context, where we must
In A.B., the trial court found that A.B. was a neglected child on March 15, 1982, and filed its disрositional order on April 2, 1982. Questioning the timeliness of the appeal, the District of Columbia (the ap-pellee) “assert[ed] that it is unclear whether, in a neglect case, the appeal time begins to run upon the oral finding of neglect made after the neglect hearing or from the disposition order.”
In AkV., the court adjudicated the children neglected, then scheduled a disposition hearing for March 6, 1998.
Citing In re A.B., we held that “[t]he rules of appellate procedure require notice of appeal to be filed within thirty days of entry of the disposition order[,]” that is, within thirty days of March 9, 1998, and remanded for a hearing on excusable neglect. Although we noted that “the court’s written findings, which should have ‘accompanied’ the neglect finding, issued seven months after the adjudication of neglect and ten weeks after the disposition order[,]” id. at 577 n. 18, no one entertained the notion that the time for appeal did not begin to run until those findings and conclusions were issued.
In the present case, as in Ak.V.,
Nevertheless, appellant insists that she could not be expected to seek review of the dispositiоn order absent access to the more detailed findings of fact and conclusions of law upon which the court’s order was based. We disagree. Although additional explanation of the court’s reasoning may be useful in drafting a motion for review and supporting arguments, final orders are not always accompanied by detailed explanations. In this case, however, Magistrate Judge Gray had already provided detailed findings and conclusions, both orally and in the written disposition hearing order.
Accordingly, appellant’s motiоn for review by the Superior Court was untimely.
B. Appellant’s claims regarding the merits are not properly before this court.
We now turn our attention to the impact of appellant’s failure to file within the deadline for seeking Superior Court review. Although some time limits operate to deprive a cоurt of jurisdiction, not all deadlines are created equal. Recent Supreme Court decisions have sought to establish and clarify the distinction between deadlines that are truly jurisdictional and those that are more properly characterized as procedural or “claim-processing rules.”
We need not determine whether the time limit before us is jurisdictional in nature because the outcome of this appeal would be the same regardless of its status. See District of Columbia v. Wical Ltd. P’ship,
III. Conclusion
The judgment of the Superior Court dismissing the motion for review as untimely is hereby
Affirmed.
Notes
. When assigning appellant’s motion to a Superior Court judge for review, Judge Zoe A. Bush, Presiding Judge of the Family Court, stated that the motion had been filed ‘‘within the ten days allotted to file for review,” but did not mention the entry of the neglect disposition order on Fеbruary 1.
. D.C. Fam. Ct. R. D(e)(4) provides:
(4) Extension of time to file motion for review. Upon a showing of excusable neglect and notice to the parties, the Presiding Judge of the Family Court, or his or her designee, may, before or after the time prescribed by subparagraph (e)(1)(B) has expired, with or without motion, extend the time for filing and serving a mоtion for review of a magistrate judge’s final order or judgment for a period not to exceed 20 days from the expiration of the time otherwise prescribed by subparagraph (e)(1)(B).
. In In re C.I.T.,
. Judge Bush's order, see supra nоte 1, did not preclude a ruling that the motion was untimely; that order was meant only to assign the case for consideration by an associate judge. See D.C. Fam. Ct. R. D(e)(A) (“Upon receipt of [a] motion [for review of a magistrate judge's order], the Chief Judge, or his or her designee, shall designate an associate judgе to act on the motion.”). The government had not yet raised an issue of timeliness, and Judge Bush did not mention the February 1 order or purport to decide the issue presented here.
. Appellant has offered no support for her claim, made for the first time at oral argument, that she did not receive notiсe of the disposition hearing order entered on February 1. The transcript before us shows that appellant was present and actively participated (personally and through counsel) throughout the February 1 proceedings, which in-eluded extensive discussion of Magistrate Judge Gray’s findings and the disposition order that was apparently completed contemporaneously. From the trial court’s discussion and the written disposition order, there was no mistaking that the court had adjudicated Na.H. neglected and that, accordingly, she would be remanded to CFSA custody.
.Nor is it fair to suggest that petitioner was аbandoned by her counsel. At the end of the February 1 hearing, when asked whether she was "going to come in with a new lawyer,” appellant replied, “He can stay.” The same attorney remained her counsel of record until March 16, beyond the extended period within which appellant could have sоught Superior Court review of the February 1 order, upon a showing of excusable neglect. Indeed, on March 16, counsel filed a "praecipe" verifying appellant’s completion of an anger management program.
. Seeking to harmonize its precedent, the Supreme Court has recognized a “third kind of limitation” — “a deadline [that] seeks speed by creating a time-related directive that is legally enforceable but does not deprive a judge or other public official of the power to take the action to which the deadline applies if the deadline is missed.” Dolan v. United States, - U.S. -,
. We reach this conclusion based on General Rule D(e)(4)’s restrictive language (an extension of time for excusable neglect is "not to exceed 20 days”), and the long history of strict enforcement of deadlines for appeal, see Bowles v. Russell,
Even in the era of claim-processing rules, the time for noting an appeal has been treated as inflexible unless the opposing party has forfeited his objection. For example, the Supreme Court took pains in Eberhart to explain why it continued to еndorse the outcome of older cases like United States v. Robinson,
