The DC Court of Appeals in IN RE D.S., K.M., B.S., R.S., T.S. & P.S.; J.M., issued on September 20, 2012, reiterated the legal principles governing placement of children in the custody of their biological parents in a split neglect case.  Here the evidence established that the mother physically neglected the children and removal from her home was warranted, however, the court did not sufficiently consider the biological father and placement of the children with him rather than the shelter care — basis for the Court of Appeals reversal of the case.  The father was willing and able, had sufficient housing
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