In re De.S.

Summary

The District of Columbia Court of Appeals considered whether sufficient evidence supported a finding that De.S. was a neglected child because he was regularly exposed to illegal drug-related activity in the home. The court held that evidence of drug sales from the home, drug paraphernalia, an unsecured firearm and ammunition, and family members’ involvement in drug activity supported the neglect finding under D.C. Code § 16-2301(9)(A)(x). The court affirmed the trial court’s judgment upholding the magistrate judge’s order.

Holdings

1. The evidence was sufficient to support the finding that De.S. was a neglected child because he lived in a home where illegal drugs were regularly sold and related drug activity occurred.
2. The magistrate judge's admission of rebuttal witnesses did not require reversal in the neglect proceeding.
3. The magistrate judge properly determined that the great-aunt was acting in loco parentis toward De.S.

Questions Presented

1. Whether the evidence was sufficient to establish that De.S. was regularly exposed to illegal drug-related activity in the home and therefore was a neglected child under D.C. Code § 16-2301(9)(A)(x).
2. Whether the magistrate judge improperly admitted rebuttal testimony in the neglect proceeding.
3. Whether the great-aunt was acting in loco parentis toward De.S. for purposes of the neglect determination.

Disposition

affirmed