Rule 14 - Substitution of Parties(a) DEATH. (1)Remaining Petitioner. If a petitioner dies during the pendency of the proceedings and the petition is brought in the name of the deceased petitioner and a spouse or copetitioner, the remaining petitioner must file a notice of death with the court and mail a copy to the reporting agency. The court may order any further investigation it deems necessary to promote or protect the welfare of the adoptee.(2)Sole Petitioner. If a sole petitioner dies during the pendency of the proceedings, the court may allow substitution of petitions on motion, accompanied by a notice of death, filed by a member of the deceased petitioner's household or extended family. The court may order any further investigation it deems necessary to promote or protect the welfare of the adoptee.(3)Other Cases. Except as provided in Rule 14(a)(1) and (2), the court must dismiss the case if the petitioner dies.(b) INCOMPETENCY.(1)Non-parent. If a party-other than a parent-becomes incompetent, the court may: (A) permit the action to continue if a guardian has been appointed in a separate proceeding to act on behalf of the incompetent party; or(B) strike the party from the proceedings.(2)Parent. If a parent becomes incompetent, the court must ensure that the parent is appropriately represented before proceeding with the petition.Adop. R. Sup. Ct. D.C. 14
COMMENT
If a parent becomes incompetent, the court must proceed with the adoption petition after ensuring that the parent is appropriately represented. The parent's mental health may be a factor in determining the parent's fitness. See In re S.L.G., 110 A.3d 1275, 1287 (D.C. 2015) ("[A] natural parent's unfitness may be evidenced by a variety of behaviors, conditions, and circumstances, including . . . mental health issues or impairments that demonstrably interfere with the parent's ability to care for the child or that expose the child to undue risk of harm."). The court must also consider the parent's competence when determining whether the parent is able to designate a preferred caregiver. In re J.O., 174 A.3d 870, 882 (D.C. 2017) (explaining that "competence is a lower standard than fitness" and "an individual may be competent to designate a preferred caregiver yet unfit to parent their child").