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In re C.A.B.

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Argued May 27, 2010

Before THOMPSON and OBERLY, Associate Judges, and BELSON, Senior Judge.

Appellant L.M.F., the grandmother of minor child L.S., appeals from a final decree of the Family Court of the Superior Court denying her petition to adopt L.S. and granting the competing adoption petition of C.A.B. and H.N.B., the child’s foster parents. In the same proceeding, the court terminated the parental rights of S.S., the child’s natural mother, and also the parental rights of the child’s natural father, Lo.S., who did not seek review of the magistrate judge’s order to that effect. The mother had consented to the grandmother’s adoption petition and withheld her consent from the foster parents’ petition. The grandmother, L.M.F., argues that the trial court applied an incorrect standard, preponderance of the evidence, when evaluating the merits of the competing petitions. Appellee foster parents oppose this argument on the ground that the finder of fact, the magistrate judge, specifically made the necessary finding by clear and convincing evidence. Appellee Guardian ad Litem (GAL) of the child makes the same argument. Appellee the District of Columbia argues similarly that the magistrate judge’s finding under the preponderance standard was harmless error, as she found against appellant under the clear and convincing standard as well. Appellees also argue that we should dismiss the case for lack of jurisdiction, for lack of standing, or because this court cannot afford an adequate remedy. While we disagree with appellees’ justiciability arguments, we agree with appellees that the trial court did not abuse its discretion in its evaluation of the competing petitions. Accordingly, and for the reasons stated herein, we affirm.

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