In re Petition of J.J.

Summary

The District of Columbia Court of Appeals affirmed an order granting a foster parent’s adoption petition without the biological parents’ consent. The court held that clear and convincing evidence supported the finding that the parents withheld consent contrary to the child’s best interests, including evidence concerning continuity of care, the child’s health and relationships, and the child’s inferred preference. The court also held that equivalent findings regarding parental capacity and the father’s failure to pursue his opportunity interest adequately rebutted the presumption favoring placement with natural parents.

Holdings

1. An express finding of parental unfitness is not required where the trial court makes equivalent, evidence-based findings demonstrating that the parent lacks the capacity or motivation to meet the child's needs or protect the child from harm, thereby rebutting the presumption favoring placement with a natural parent.
2. The trial court did not abuse its discretion in finding by clear and convincing evidence that T.R. and J.B. withheld consent to J.J.'s adoption of J.R. contrary to J.R.'s best interests.
3. The trial court may infer a young child's opinion regarding her best interests from testimony by psychologists and other witnesses and from the child's past behavior; direct testimony from the child is not required.

Questions Presented

1. Whether the trial court abused its discretion in finding by clear and convincing evidence that T.R. withheld consent to J.J.'s adoption contrary to J.R.'s best interests.
2. Whether the absence of an express finding that T.R. and J.B. were unfit required remand under the presumption favoring placement with a fit natural parent.
3. Whether the trial court properly applied the statutory best-interests factors governing waiver of parental consent.
4. Whether the trial court could infer J.R.'s preference from witness testimony and observed behavior rather than direct testimony from the child.

Disposition

affirmed