In Re T.G., C.G., D.G., And D.G., D.F., And E.G.

684 A.2d 786 (1996)

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Nature of the Case

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Facts

The children's maternal grandmother died at her residence. An officer, responding to the report of death, found the two older children, T.G. and D.G., in their grandmother's house. The officer later described the house as being in a deplorable state and the children dirty and in need of clean clothes and baths. The children's mother arrived with the two younger children. The officer drove the mother and the four children to the residence of the mother and father; he found that house likewise to be in a deplorable state. The two younger children were also dirty and in need of baths. The officer took all four children into protective custody and carried them to P. A social worker visited the two houses the same afternoon and thereafter corroborated the officer's description of the children and their living conditions. P filed neglect petitions. The court ordered that all the children be placed in the custody of DHS, pending further action. The ages of the children were eight, four, two, and one. The court did not adopt the reasoning of P that the mother and father were unable to discharge their parental responsibilities because of physical or mental disabilities, specifically stating that it did not find respondents to be neglected children pursuant to D.C. Code § 16-2301 (9)(C). Ds moved through counsel for dismissal on the ground that a finding of neglect could not be based upon a lack of financial means. The court denied the motion to dismiss. Ds appealed.