In re G.K.; District of Columbia, Appellant

Summary

The District of Columbia Court of Appeals held that the Child and Family Services Agency lacked statutory authority to consent to psychotropic medication for a neglected child in its legal custody. The court concluded that authority to consent to major psychiatric treatment remained with the child's residual parental rights or, when necessary, the Family Court. It reversed the Family Court's order directing CFSA to make medication decisions for the child.

Holdings

1. CFSA lacks statutory authority to consent to psychotropic medication for a child in its legal custody because legal custody confers responsibility for ordinary medical care, while authority to consent to major psychiatric treatment belongs to the guardian of the person or remains among the parent's residual parental rights.
2. The Family Court may not delegate to CFSA its ultimate parens patriae responsibility to decide whether overriding a parent's refusal of psychotropic medication is in the child's best interests.
3. The Family Court may override a parent's residual parental right concerning a neglected child's psychotropic medication when necessary to protect the child, but it must find by clear and convincing evidence that overriding the parent's decision is in the child's best interests; the court failed to make those findings here.

Questions Presented

1. Whether CFSA has statutory authority to consent to non-emergency psychotropic medication for a neglected child in its legal custody.
2. Whether the Family Court may delegate to CFSA the ultimate responsibility for deciding whether a neglected child's psychotropic medication is in the child's best interests.
3. Whether the Family Court may override a parent's residual parental right to make medical decisions only after making the required findings by clear and convincing evidence.

Disposition

reversed