In re D.B., M.W., Appellant

Summary

The District of Columbia Court of Appeals affirmed an order prohibiting M.W. from visiting his daughter, D.B., after an evidentiary hearing concerning allegations of sexual abuse. The court held that hearsay was admissible in the visitation proceeding and rejected the appellant's due process, prior-conviction, and missing-record arguments. It concluded that the trial court had an adequate factual basis for restricting visitation and that any asserted errors did not warrant reversal.

Holdings

1. Hearsay was admissible in the proceeding determining the visitation rights of a noncustodial parent of a neglected child because no applicable statute or court rule prohibited its admission.
2. M.W. failed to establish plain error in the trial court's reliance on hearsay because he did not preserve a due process objection, was given ample opportunity to test the evidence, did not testify or attend most of the hearing, and did not seek to call or examine the children.
3. The trial court's consideration of M.W.'s prior sodomy conviction did not warrant reversal because any error was harmless and the conviction was properly used to test the character witness's knowledge of M.W.'s history.
4. The reconstructed appellate record was adequate to permit meaningful review, so the loss of the videotapes did not require reversal.
5. The appeal was not moot because the adoption of D.B. was not final while the adoption appeal remained pending.

Questions Presented

1. Whether hearsay evidence was admissible in a hearing to determine the visitation rights of a noncustodial parent of a neglected child.
2. Whether reliance on hearsay evidence to prohibit visitation violated M.W.'s due process rights.
3. Whether the trial court improperly considered M.W.'s prior sodomy conviction.
4. Whether the loss of videotaped child interviews rendered the appellate record inadequate for meaningful review.
5. Whether the appeal was moot because D.B.'s adoption petition had been granted.

Disposition

affirmed