In re Sa.C., Ch.Y., & K.C.; S.C., Appellant

Summary

The District of Columbia Court of Appeals denied motions to dismiss and motions for summary affirmance in consolidated neglect-case appeals involving a change in permanency goals from reunification to adoption. The court held that the procedure required by In re Ta.L. applied retroactively to the still-pending case and that the subsequent permanency-goal order was immediately appealable.

Holdings

1. The magistrate judge did not err by following the procedure established in In re Ta.L. and holding an evidentiary hearing on the permanency-goal change because the neglect case was still pending when In re Ta.L. was issued.
2. The initial adverse permanency-goal change did not become final for purposes of the retroactivity analysis merely because S.C. did not appeal that initial order.
3. The law-of-the-case doctrine did not alter the retroactivity analysis and did not preclude reconsideration of the permanency-goal change in light of the change in governing law.
4. S.C. was entitled to an immediate appeal from the new permanency-goal change order.

Questions Presented

1. Whether the magistrate judge erred by holding an evidentiary hearing under In re Ta.L. and applying that decision to a neglect case that was pending when In re Ta.L. was issued.
2. Whether the initial permanency-goal change became final, or became binding under the law-of-the-case doctrine, such that In re Ta.L. did not apply.
3. Whether S.C. was entitled to an immediate appeal from the new permanency-goal change order.
4. Whether the guardian ad litem's and the District's motions to dismiss or for summary affirmance should be granted.

Disposition

other