In re S.S.

Summary

The District of Columbia Court of Appeals affirmed an adjudication that S.S. was a neglected child because her non-custodial mother failed to take reasonable steps to protect her from alleged sexual abuse by older siblings. The court held that non-custodial-parent status does not categorically preclude a neglect proceeding under D.C. law when the parent has contact with the child and personally fails to discharge parental responsibilities. The court also concluded that the evidence, viewed in the light most favorable to the District, was sufficient to support the neglect finding.

Holdings

1. A noncustodial parent may be the subject of an adjudication of neglect when, as a result of the parent's own conduct, the child is subjected to neglect. Noncustodial status does not automatically provide a defense, but the parent must personally have failed to discharge parental responsibilities toward the child.
2. The evidence, although less than overwhelming, was sufficient to support the finding that the mother failed to make reasonable efforts to prevent the infliction of sexual abuse upon S.S.
3. The evidence was insufficient to show that the mother violated the separate provision defining neglect as a child being without proper parental care and control necessary for physical, mental, or emotional health.

Questions Presented

1. Whether a noncustodial parent who has regular unsupervised visitation may be subject to an adjudication of child neglect under D.C. Code § 16-2301(23).
2. Whether the evidence was sufficient to establish that the mother failed to make reasonable efforts to protect S.S. from sexual abuse.
3. Whether the evidence was sufficient to establish neglect under D.C. Code § 16-2301(9)'s provision concerning lack of proper parental care and control.

Disposition

affirmed