IN RE T.T.C.

No. 02-FS-136, C2-FS-152, 02-FS-153.

855 A.2d 1117 (2004)

In re T.T.C.; E.T.O., Appellant, In re T.C.; E.T.O., Appellant, In re V.T.C.; E.T.O., Appellant.

District of Columbia Court of Appeals.

Decided August 5, 2004.


Attorney(s) appearing for the Case

Donald E. Exner, Greenbelt, MD, appointed by the court, for appellant.

David Hyden, Assistant Attorney General, for the District of Columbia. Robert J. Spagnoletti, Attorney General for the District of Columbia, Edward E. Schwab, Acting Deputy Attorney General, and Sheila Kaplan, Assistant Attorney General, were on the brief for the District of Columbia.*

Robert J. Warner, appointed by the court, for M.W.

Before STEADMAN, GLICKMAN and WASHINGTON, Associate Judges.


STEADMAN, Associate Judge:

Appellant birth father appeals from an adjudication of neglect as to his three sons under D.C.Code § 16-2301(9)(C) (2001).1 At the time, appellant was incarcerated. Appellant's argument on appeal is that there was insufficient evidence to make a finding of neglect based on his inability to discharge his parental responsibilities due to incarceration because, in his view, no nexus was shown between his incarceration...

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