In re J.W.

Summary

The District of Columbia Court of Appeals affirmed a neglect determination concerning J.W., holding that the Superior Court retained subject matter jurisdiction to adjudicate allegations against the child's father after the child's mother had separately stipulated to neglect. The court also rejected the father's due process and Fifth Amendment claims, concluding that the issues were not properly preserved and that he had not actually invoked the privilege against self-incrimination. The neglect finding was based on the father's criminal conviction for sexually abusing J.W.'s half-sister and the resulting statutory inference of danger to J.W.

Holdings

1. The Superior Court retained subject matter jurisdiction to fully resolve the neglect petition, including the allegations against V.W., even though J.W. had previously been found neglected based on S.T.'s stipulation.
2. V.W.'s claims that the neglect proceeding should have been postponed pending his criminal appeal and that he was denied due process by refraining from testifying were not preserved, and the record did not establish plain error.
3. V.W. was not punished for exercising his Fifth Amendment privilege because he never invoked the privilege, no incriminating questions were posed, and he affirmatively chose to proceed by stipulated trial.

Questions Presented

1. Whether the Superior Court retained subject matter jurisdiction to adjudicate neglect allegations against V.W. after it had found J.W. neglected based on S.T.'s stipulation.
2. Whether the parallel criminal and civil neglect proceedings violated V.W.'s due process rights because he refrained from testifying to protect against self-incrimination.
3. Whether V.W. was punished for exercising his Fifth Amendment privilege against self-incrimination.

Disposition

affirmed