Every year, nearly two hundred DC children are removed from their parents and caregivers due to allegations of abuse or neglect. This initial separation can last months before the trial at which a judge determines if the child was neglected. 

Years of research show that removing a child from their parents can have lasting, traumatic impacts on children. But until recently, although the law stated that removal needed to be required or necessary, practitioners and trial court judges had little guidance from DC’s highest court on how to evaluate the harm of removal when determining whether to place a child in foster care. 

Last year, a mother sought medical care at a local hospital, arriving with her infant.

Hospital personnel called the child abuse and neglect hotline and reported concerns the mother would be unable to care for her child.  



All reports showed that the baby was healthy and thriving, and the mother was discharged the following day – but the child was still removed. 

We appealed the trial court’s decision to keep the child in foster care – and won. 

In December, the Court of Appeals published the decision. It is now the first binding precedent addressing what evidence is sufficient to show that removal of a child from their family is required at the initial hearing in a DC neglect case.

In its analysis, the Court of Appeals noted the trial court hadn’t found a nexus between the parent’s medical issues and an inability to provide or arrange care for their child going forward. This brings us one step closer towards preventing biases and stereotypes about parents with health issues and disabilities from influencing whether a child could be removed.

Read more about the ruling and its impact on families here. 

In its decision, the court also reminds judges that during the initial hearing they must consider the harm to the child that comes from removal itself – making sure that harm is considered from the earliest stages in the process and not after the family is separated for months or even years.  

Advocating for a child’s best interests amidst allegations of abuse or neglect is inherently complicated. While there can never be absolute certainty when it comes to a child’s future, what is certain is that separating a child from a parent is a drastic step – one that disparately impacts parents with disabilities, Black and immigrant families and families living in poverty.

Although the law has long stated that removal is a step that should only be taken when necessary, this opinion provides critical guidance on how to make this heavy decision. 



Thank you, 

Melissa Colangelo 

Appellate Program Director