In re M.W.
In re M.W.
Opinion of the Court
This appeal by the District of Columbia from the dismissal of a neglect petition presents the sole issue of whether a “sibling” for purposes of D.C.Code § 16-2301(9)(E) (1997) (partly defining a “neglected child”) includes a child who is neither the biological nor the adopted brother or sister of the children alleged to be neglected. We hold that it does not, and affirm the order dismissing on that ground.
I.
On August 27, 1998, the District filed petitions alleging that D.W. and M.W., thirteen and ten year old boys, respectively, were neglected children in that each was “in imminent danger of being abused by his guardians, and said child’s cousin, who was also under the care of said child’s guardians, [had] been abused.” The guardians, L.B. and T.B., were alleged to have been the caregivers of D.W. since the child was five, and of M.W. since he was approximately a month old. They were similarly alleged to have had custody of the cousin, S.T., until November 11, 1997, when she was brought to the hospital where she died of injuries, at the age of two. According to the petitions, the District of Columbia Medical Examiner had determined that “the injuries were nonac-cidental, and ... that [S.T.’s] death was a homicide.” The District of Columbia sought an adjudication that D.W. and M.W. were neglected children under D.C.Code § 16-2301(9)(E), which defines a “neglected child” to include a child “who is in imminent danger of being abused and whose sibling has been abused.”
Although § 16-2301(9) provides additional definitions of a neglected child, the District acknowledged that it had “petitioned no other allegations of neglect and [was] prepared to proceed to trial on the Section 16-2301(9)(E) allegation” alone. It requested an in limine ruling by the court that S.T. was a “sibling” of D.W. and M.W. because she was their cousin and had “lived in the same home as [they did] in the full time care of [L.B. and T.B.] from September to November 11, 1997.” The
II.
The issue before us is one of statutory interpretation. On appeal the District poses the issue (somewhat differently than it did in the trial court) as whether “sibling[s]” within the meaning of § 16-2301(9)(E) “include children who are living together permanently, on a long-term basis, or indefinitely, with the same primary custodians.”
In only one other published opinion have we discussed, briefly, the meaning of the term “sibling” as used in § 16 — 2301(9)(E). In re S.G., 581 A.2d 771 (D.C. 1990), concerned children who were biological half-siblings. Although the issue of whether they were siblings within the statutory meaning was not presented, we had occasion to state that courts elsewhere “have treated half-siblings as siblings” and noted that “one definition of sibling, probably the most appropriate here, includes ‘one of two or more persons having one common parent.’ ” Id. at 778 n. 10 (quoting Webster s New Collegiate Dictionary 806 (1970)).
"When interpreting the language of a statute, “this court examines the plain meaning of the language used and, ‘absent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive.’ ” In re G.G., 667 A.2d 1331, 1334 (D.C. 1995) (citations omitted). The District’s initial argument that the term “sibling” has no plain meaning in ordinary usage is unconvincing. The common understanding of the word, reflected in nearly all dictionary definitions, is of a brother or sister, i.e., “one of two or more persons born of the same parents or ... sometimes having one parent in common.” Webster’s New World College DICTIONARY 1331 (4th ed. 1999). See also, e.g., Webster’s Third New INTERNATIONAL Dictionary 2110 (3rd ed. 1986); The AmeriCAN Heritage Dictionary of the English Language 1675 (3rd ed. 1992). Thus, if instead of employing the word “sibling,” section 16 — 2301(9)(E) had said “brother or sister,” the District would not plausibly be able to argue that the terms include the class of any children living together permanently with the same caregivers, without further limitation. That would stretch the meaning of brother or sister beyond recognition. The District has not persuaded us that by using the word “sibling” the legislature meant to convey more than the normal understanding of that word.
The District cites no legislative history supporting its broad interpretation, nor have we found any. Although the neglect statute is remedial and thus to be “liberally construed to achieve that end,” In re T.W., 732 A.2d 254, 258 (D.C. 1999), that principle does not allow us to engraft a definition on the statutory term inconsistent with its ordinary meaning and dictated by nothing in the statute or its genesis. Indeed, since abuse of a sibling under § 16-2301(9)(E) stands as something of a proxy for actual abuse of the child allegedly neglected (as well as providing critical proof of the “imminent danger” of abuse to that child), it is natural to assume that the legislature meant the relationship between these children to be just as close as “sibling” normally denotes.
In summary, the trial court correctly ruled that the child S.T. is not a sibling within the meaning of § 16-2301(9)(E). The order dismissing the neglect petition is, therefore,
Affirmed.
. The District thus no longer attaches significance to the fact that the boys were alleged to be related to S.T. as cousins. We take the case on that basis, although we agree with the District that the fact that the children may have been cousins has no importance to the statutory analysis.
. In other contexts, specifically in determining relationships under the laws of intestacy, our local statute provides that "[t]here is no distinction between the kindred of the whole- and the half-blood.” D.C.Code § 19-315 (1997).
. In this jurisdiction, "[a] final decree of adoption establishes the relationship of natural parent and natural child between the adopter and the adoptee for all purposes.” D.C.Code § 16-312(a).
. "[C]ustodian” is defined broadly to mean:
a person or agency, other than a parent or legal guardian:
(A) to whom the legal custody of a child has been granted by the order of a court;
(B) who is acting in loco parentis; or
(C) who is a day care provider or an employee of a residential facility, in the case of the placement of an abused or neglected child.
. Cf. also D.C.Code § 32-1415(b)(3)(C) (1998) (prohibiting appointment as receiver of a nursing home or community residence facility of "[a] parent, child, grandchild, spouse, sibling, first cousin, aunt, or uncle of one of the facility's residents, whether the relationship arises by blood, marriage, or adoption”). Strictly speaking, this case does not require us to decide whether "sibling” for purposes of § 16-2301(9)(E) includes an adopted brother or sister, although that would be a natural understanding of the term.
.Further suggesting a restrictive reading is that, as we emphasized in In re S.G., supra, "[t]he plain language of [§ 16-2301(9)(E) ] requires the government ... to establish both the abuse of the sibling and imminent danger to the child before a finding of neglect may be made.” 581 A.2d at 778 (emphasis added).
. We note that the Council has amended the Prevention of Child Abuse and Neglect Act of 1977, D.C.Code §§ 6-2101 et seq. (1995), to require the District to make reasonable efforts “to preserve and reunify the family” of a child removed from the home, except that these efforts are not required in the case of a parent who has committed specified acts upon the child or “a sibling or another child ” (emphasis added). D.C. Law 13-136, § 201(c), 47 D.C.Reg. 2850 (2000).
Reference
- Full Case Name
- In re M.W. and D.W. District of Columbia
- Cited By
- 2 cases
- Status
- Published