In re T.T.C.; E.T.O., Appellant; In re T.C.; E.T.O., Appellant; In re V.T.C.; E.T.O., Appellant

Summary

The District of Columbia Court of Appeals affirmed neglect adjudications concerning three children whose father was incarcerated. The court held that incarceration does not automatically establish neglect under D.C. Code § 16-2301(9)(C); rather, the government must show a nexus between the incarceration and the parent's inability to discharge parental responsibilities, which was established by the father's failure to provide legally effective care arrangements.

Holdings

1. The government must establish a nexus between the parent's incarceration and the parent's inability to discharge responsibilities to and for the child; incarceration per se does not constitute neglect under § 16-2301(9)(C).
2. The evidence supported the neglect adjudication because the appellant's incarceration rendered him unable to protect the children or authorize N.H. to act on their behalf when the mother claimed custody and the children were placed at risk.

Questions Presented

1. Whether D.C. Code § 16-2301(9)(C) requires the government to establish a nexus between a parent's incarceration and the parent's inability to discharge parental responsibilities.
2. Whether the evidence established the required nexus and supported the adjudication that the appellant's children were neglected.

Disposition

affirmed