In re K.M.T.
In re K.M.T.
Opinion of the Court
On July 9,1996, K.M.T. and C.L.T. were removed from the custody and care of their mother, appellant E.A.T., and placed in shelter care. In January 1997 E.A.T. signed a stipulation which stated that, because of her alcoholism, there was a basis for concluding that her children were neglected within the meaning of D.C.Code § 16-2301(9)(C) (2001).
Over the next eighteen months, the court held periodic reviews
We consolidated all three appeals sua sponte, and E.A.T. filed her brief on the merits. The District of Columbia then filed a motion to dismiss, asserting that this court lacked jurisdiction over appeals Nos. 98-FS-1807 and 98-FS-1870, and arguing that E.A.T. had abandoned appeal No. 98-FS-207 by failing to address the change in visitation in her brief on the merits. After a motions division of the court referred the motion to this merits division, V.T. and the District of Columbia filed their respective briefs, and K.M.T., C.L.T, and appellee G.I., the father of C.L.T., filed statements in lieu of briefs.
This court has jurisdiction over all “final orders and judgments” of the Superior Court. D.C.Code § ll-721(a)(l) (2001). Although a final order need not be the last one in a proceeding,
The District argues, and we agree, that appeals Nos. 98-FS-1807 and 98-FS-1870 should be dismissed because the permanency planning orders from which those appeals are taken did not finally dispose of the children’s cases, but instead took only a step toward final disposition. In support of its argument, the District relies upon In re S.J., 772 A.2d 247 (D.C. 2001), in which this court held that an order waiving a birth parent’s consent to adoption is not final and appealable because it is only a step toward the final act of adoption and does not yet affect or alter the parent’s legal rights with respect to the children. We see no material difference between these appeals and In re S.J., which we find dispositive. We hold accordingly that an order changing a permanency planning goal is not final or appealable. As the facts of this case demonstrate, such an order merely sets goals for
While our holding arguably does not apply to appeal No. 98 FS 270, which was taken from an order modifying E.A.T.’s visitation rights,
For these reasons, the District of Columbia’s motion to dismiss is granted, and all three of these appeals are hereby
Dismissed.
. Section 16-2301(9)(C) defines a "neglected child” as a child "whose parent, guardian, or other custodian is unable to discharge his or her responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental incapacity."
. Such reviews are required by D.C.Code § 16 — 2323(a)(1) (2001).
. The children, represented by counsel, have taken no position, and G.I. supports E.A.T.'s argument that the trial court deprived her of her due process rights in changing the goal from reunification to permanent placement. V.T.'s brief supports the District’s arguments.
. See District of Columbia v. Tschudin, 390 A.2d 986 (D.C. 1978); Seaboard & Western Airlines, Inc. v. Civil Aeronautics Board, 86 U.S.App. D.C. 9, 11, 181 F.2d 777, 779 (1949).
. See In re D.M., 771 A.2d at 365-366.
Reference
- Full Case Name
- In re K.M.T. and In re C.L.T. E.A.T.
- Cited By
- 8 cases
- Status
- Published