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IN RE D.S.

Nos. 10-FS-1556, 10-FS-1557, 10-FS-1558, 10-FS-1559, 10-FS-1560, 10-FS-1561.

60 A.3d 1225 (2013)

In re D.S., K.M., B.S., R.S., T.S. & P.S.; J.M., Appellant.

District of Columbia Court of Appeals.

Decided February 21, 2013.

Attorney(s) appearing for the Case

Leslie J. Susskind , for appellant.

Irvin B. Nathan , Attorney General for the District of Columbia, Todd S. Kim , Solicitor General, Donna M. Murasky , Deputy Solicitor General, and Stacy L. Anderson , Assistant Attorney General, were on the petition for appellee.

Before BLACKBURNE-RIGSBY and BECKWITH, Associate Judges, and FERREN, Senior Judge.

On Petition for Rehearing

BECKWITH, Associate Judge:

In a child neglect case the trial court determines, first, whether a child has been neglected and then, if so, who the temporary custodian shall be pending further proceedings. No one questions that the court resolves the neglect issue by a preponderance of the evidence. D.C.Code § 16-2317(c)(2) (2012 Supp.). On petition for rehearing, however, the government questions our conclusion that unless a...

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