As Andrew Miller's Pure is anointed the 2011 Costa book of the year, we listen in to the award ceremony with Sarah Crown and discuss what his win means for the 40-year-old prize. Miller talks to Lindesay Irvine about hope, history and his approach to fiction, and reads a section from his novel, which is based on the true story of the demolition of Paris's cemetery of Les Innocents soon before the country was convulsed by revolution.
An "incapacitated individual" is defined in District of Columbia law, contained as D.C. Code, sec. 21-2011, as an adult whose ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that he or she lacks the capacity to manage all or some of his or her financial resources or to meet all or some essential requirements for his or her physical health, safety, habilitation, or therapeutic needs without court-ordered assistance or the appointment of a guardian or conservator.
Guardian Books Of The Year 2011
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The matter was tried on March 7, and June 9, 2011. The court took judicial notice of the Superior Court file and the Probate Court file. The following witnesses testified at trial: Dr. Bruce Freedman (psychologist); Liz Santiago (DCF social worker); Deborah R. (co-guardian); Jonathan B. (sibling); Allen B. (father); Joshua B. (sibling); and Leon B. (paternal uncle).
Deborah testified that father's claims that he regularly sent cards, letters and/or gifts to Nicholas are untrue. Father has made limited and sporadic efforts to contact Nicholas. On or about December 10, 2003, father sent a letter to Nicholas, which the guardians received. In that letter, father wrote: "You are so precious to me though I have yet to meet you." See Guardians' Exhibit E. Nicholas was a year old. Father has not seen Nicholas since this letter was sent. In December, 2009, father sent two cards to the co-guardians that were addressed to "Dear Chuck." He also sent a book about slavery. The guardians still have the items but have waited to show them to Nicholas because they did not think the items were age appropriate. Nicholas is too young to understand. In January, 2010, father sent a letter to Nicholas with a note indicating that paternal grandmother had passed away and had bequeathed each of the children $100. The letter was addressed to "Dear Chuck." Father has called a couple of times to harass them. He did not call to express any interest in Nicholas.
*247 The co-guardians have also made efforts to maintain contact with the paternal relatives. Deborah invited the paternal relatives to more than twenty gatherings. The paternal relatives only came twice. They did not respond to other invitations or said they would come but ended up cancelling. In September, 2004, the paternal grandmother and paternal uncle, Leon B., came to a gathering, which went well. It was the first time the paternal grandmother had met the maternal grandmother. The paternal relatives made no effort to contact the co-guardians or Nicholas between September, 2004, and October, 2005. In October, 2005, the paternal relatives came for a second visit. In August, 2006, after not making any contact for awhile, Leon called the guardians and wanted to make arrangements for the paternal relatives to come to Connecticut to pick up the children the next weekend and bring the children to New York to visit at Leon's recently purchased home for the day. The guardians were not invited to attend. The children hardly knew the paternal relatives, and the co-guardians did not think it was in the children's best interests to attend, given all the psychological issues they were dealing with. The co-guardians let Leon know how they felt about the plan and putting the children in a situation where the paternal relatives were basically strangers to the children. They told Leon that there were a lot of issues that he did not know about in terms of the children, and it was not in their best interest to take the trip at this stage in their recovery. Leon expressed his loyalty to his brother. The guardians lost trust in Leon after that call. The paternal aunt and uncle called around Nicholas' birthday in December, 2006. Before paternal grandmother died last year, the co-guardians were contacted about the children going to see her. But they were not supplied with her address.
Deborah testified that, from the beginning, the guardians stepped into the situation and wanted to help. They are the only parents that Nicholas knows. He is integrated into their family. He is attached to the family. Nicholas refers to the guardians' children as siblings. If Nicholas is freed for adoption, they wish to adopt him. They want to give him a permanent home. If they adopted Nicholas, they would continue to allow contact with the maternal and paternal relatives. The guardians do not believe that it is in *248 Nicholas' best interest to develop a relationship with father given that Nicholas is now eight years old and has had no contact with father. Father has not made any real efforts to develop a relationship with Nicholas.
Joshua B. is the oldest sibling. He is twenty-three years old. Joshua lived with the co-guardians for a few months when homes were being found for the children. He currently lives in Virginia and has limited contact with Nicholas and the guardians. Several years ago, he wanted to video chat to the Christmas gathering that was being held. He asked Deborah whether he could do it, and Deborah asked if father was going to be present. After Joshua answered in the negative, Deborah said that would be fine. Deborah said she was concerned for Nicholas' psychological well-being because father lies and seeks to spread lies. Joshua never heard the guardians say anything negative about father in Nicholas' presence. Joshua admitted that he received the March 2, 2005 email from father but did not think it was a threatening email. A few years ago, father asked Joshua to deliver gifts and letters to the children, including Nicholas. Joshua called Deborah about whether he could deliver the gift and letter to Nicholas. Deborah did not want Joshua in the position of being a conduit for father having contact with Nicholas.
Although father testified that he had contact with Nicholas on two occasions before mother died, the evidence demonstrated that father has actually never had any physical contact with Nicholas. On or about December 10, 2003, father sent a letter to Nicholas and wrote that: "You are so precious to me though I have yet to meet you." See Guardians' Exhibit E. Nicholas was a year old. While Nicholas has been in the co-guardians' care, father has not had any physical contact with Nicholas.
"(3) [T]he feelings and emotional ties of the child with respect to the child's parents, any guardian of the child's person and any person who has exercised physical care, custody or control of the child for at least one year and with whom the child has developed significant emotional ties...." 2ff7e9595c
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