ENTIRE MOSAIC OF THE CHILD’S LIFE –- A LEGAL PRINCIPLE OR AN EXCUSE TO LET ALL NON-ADMISSIBLE EVIDENCE IN?

The pinnacle case that first defined and expounded on the “entire mosaic” of the child life was:  In re. S.K., 564 A.2d 1382 (DC 1989). The case was about excessive physical discipline of a child who had set her bed on fire.  Parents sufficiently outraged had both physically disciplined her, belting the child.   The mitigating factors were that the child had a pre-existing, documented severe psychological issues, with even suicidal ideations.  The parents were aware of that.  The court however found neglect based on a very narrow and isolated set of facts.  The judge focused only on the day and
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HEARSAY EXCEPTION FOR THE PURPOSE OF MEDICAL TREATMENT:

The recent Court of Appeals decision in IN RE. M.F. (No. 08-FS-733, Sept. 27, 2012), highlights how the litigation errors made at the trial level can tip the balance on the appeal. At issue, in part, was statements admitted by MF Fentress into record as admissible under the hearsay exception: statement made during medical diagnosis.  The evidence of abuse and neglect at trial was primarily elicited through the testimonies of a therapist, a treating medical professional and the social worker.  The bulk of testimony and evidence was the child’s account of events to these individual who all testified.  The litigants
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