Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re K.M.

Court of Appeals of Columbia District

April 25, 2017

In re K.M.; M.M., Appellant.

          Filed Date 08/10/2017

          Argued March 28, 2017

         Appeal from the Superior Court of the District of Columbia (NEG-145-15) (Hon. Janet Albert, Magistrate Judge) (Hon. Robert Rigsby, Associate Judge)

          Kwame Willingham for appellant.

          Pamela Soncini, Assistant Attorney General, with whom Karl A. Racine, Attorney General for the District of Columbia, Todd S. Kim, Solicitor General, and Loren L. AliKhan, Deputy Solicitor General, were on the brief, for appellee the District of Columbia.

          Car a Morse, Children's Law Center, guardian ad litem, with whom Melissa Colangelo and Abraham Sisson, Children's Law Center, were on the brief, for K.M.

          Ronald Woodman filed a statement in lieu of brief on behalf of appellee T.M.

          Before Glickman and McLeese, Associate Judges, and Ruiz, Senior Judge.

          GLICKMAN, ASSOCIATE JUDGE.

         M.M., father of K.M. (who was two years old at the time of the neglect proceedings), appeals the Superior Court's determination that K.M. is a neglected child as defined by D.C. Code § 16-2301 (9)(A)(ii) and (iii) (2012 Repl.). He argues that the court erred in finding sufficient evidence of neglect because it gave too much weight to parental admissions that were entered into evidence by the guardian ad litem ("GAL") pursuant to Civil Rule 36.[1] M.M. submits that these admissions were unreliable and uncorroborated, and that if the court had properly weighed all the evidence, it would have found it insufficient to support a finding of neglect. We conclude otherwise; the trial court did not err in attaching great weight to the admissions by M.M. and by K.M.'s mother. Indeed, as Rule 36 (b) provides, the matters admitted by the parents were "conclusively established." Taking those admissions into consideration, we agree with the Superior Court that the evidence in its entirety was sufficient to prove that K.M. was a neglected child.

         I.

         Although the Child and Family Services Agency ("CFSA") had been working with T.M., K.M.'s mother, since 2012, the incident that led to the removal of K.M. and his older sister Z.C. occurred in April 2015. Monisha Maddox testified at the neglect hearing that on the morning of April 21, 2015, she was driving near the corner of M Street and North Capitol Street. Maddox observed T.M. holding Z.C. by the hand and walking out into traffic yelling, "He shouldn't do that, she's just a baby." To avoid hitting T.M. with her car, Maddox pulled over to the side of the road. She then got out of her car and motioned for T.M. to come over to her.

         T.M. approached Maddox with Z.C., handed the five-year-old child to Maddox, a stranger to T.M., and walked away without giving Maddox any instructions or contact information. Maddox placed Z.C. in her car and attempted, unsuccessfully, to locate T.M. She then called 911 and eventually flagged down police officers and explained what had occurred. Police officers contacted the CFSA child abuse hotline, and a CFSA social worker, Denise Carter, was assigned to investigate the case.

         Carter testified that she heard allegations not only that T.M. had left Z.C. with a stranger, but also that M.M. had tried to stab T.M. and K.M.[2] Carter spoke with the police officers regarding the events of the morning and reviewed the family's history with CFSA. Officers also brought M.M. and K.M. to CFSA. Carter attempted to interview M.M. about what had occurred, but he was uncooperative and would not provide the social worker with any information. Additionally, CFSA could not locate T.M. Due to the unusual circumstances that brought K.M. and Z.C. to the agency that day, the allegations made against M.M., and his failure to cooperate, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.