In the Matter of D.C.
District of Columbia Court of Appeals
561 A.2d 477 (1989)
- Written by Samantha Arena, JD
Facts
S.C. (defendant) left her 13-month-old son, D.C., with his nine-year-old brother when S.C. went out to look for an apartment and buy groceries. S.C. left the child with her older son despite D.C. having suffered an injury while in his brother’s care six months prior. When S.C. returned home, S.C. discovered that D.C. had been burned during her absence. The District of Columbia (plaintiff) initiated child-neglect proceedings against S.C. At trial, D.C.’s father testified that S.C. received public assistance. The trial judge concluded that S.C. had neglected D.C. by leaving D.C. with his brother. The judge further concluded that the government did not fail to meet its burden of proof to establish neglect even though the only testimony presented concerning S.C.’s finances was that S.C. received public assistance. The judge considered that S.C. presented no evidence indicating that S.C. could not afford a babysitter or could not have taken D.C. with her when she left home. S.C. appealed, arguing that the government did not meet its burden to prove by a preponderance of the evidence that S.C.’s neglect was not due to lack of financial means and that the burden of proof was improperly shifted to S.C.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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