District of Columbia Court of Appeals February 21, 2013, Nos. 10-FS-1556, 10-FS-1557, 10-FS-1558, 10-FS-1559, 10-FS-1560, 10-FS-1561 (In re D.S.)

On Petition for Rehearing

BECKWITH, Associate Judge:

In a child neglect case the trial court determines, first, whether a child has been neglected and then, if so, who the temporary custodian shall be pending further proceedings. No one questions that the court resolves the neglect issue by a preponderance of the evidence. D.C.Code § 16 — 2317(c)(2) (2012 Supp.).