In re Aaron S.

163 Misc. 2d 967, 625 N.Y.S.2d 786, 1993 N.Y. Misc. LEXIS 620
CourtNew York City Family Court
DecidedFebruary 22, 1993
StatusPublished
Cited by5 cases

This text of 163 Misc. 2d 967 (In re Aaron S.) is published on Counsel Stack Legal Research, covering New York City Family Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Aaron S., 163 Misc. 2d 967, 625 N.Y.S.2d 786, 1993 N.Y. Misc. LEXIS 620 (N.Y. Super. Ct. 1993).

Opinion

OPINION OF THE COURT

David Freundlich, J.

By petition verified on August 4, 1992 petitioner herein, the Suffolk County Department of Social Services, Child Protective Services, alleges that the subject child Aaron S., also known as Aaron D. (date of birth Apr. 5, 1984), is a neglected child pursuant to Family Court Act § 1012 (f) (i) in that he is a child less than 18 years of age whose physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his parent to exercise a minimum degree of care by unreasonably inflicting or allowing to be inflicted harm upon him. Specifically, Aaron was taken into protective custody on August 1, 1992 at Schneider Children’s Hospital after being diagnosed with Munchausen Syndrome by Proxy, a syndrome in which a parent fabricates or induces medical conditions or illnesses in her child thereby requiring extensive treatment and intrusive diagnostic procedures.

The petition alleges that beginning in 1988 Aaron has been on a continuous course of treatment and hospitalizations for central apnea and has been subjected to cardiopulmonary resuscitation, been connected to an apnea monitor each night and been required to sleep in his mother’s bed each night even though Aaron does not suffer from central apnea or central hypoventilation.

As is apparent from the face of the petition, this is a [969]*969complex and perplexing scenario. Respondent herein, Ms. S., is being accused of fabricating or inducing a very severe illness in her eight-year-old son for the last four years and the basis for the accusation is the diagnosis of a syndrome so counter-intuitive to our concept of being a parent that it seems unbelievable.

To better understand the medical saga of Aaron, the implications of his family structure, his mother’s psychiatric history and troubled past, along with the role the medical community has played in this complex scenario, it is important to first understand Munchausen Syndrome by Proxy (hereafter referred to as MSP) as described by the experts who testified at trial.

MSP is a variant of Munchausen’s Syndrome, a related psychiatric condition wherein patients fabricate illness and subject themselves to intrusive, unpleasant and potentially harmful procedures. The name Munchausen is derived from the exploits of Baron von Munchausen, an 18th century fabricator of tall tales relating to his adventures as a soldier and politician. His stories were embellished and published by his friend Rudolph Raspe in a popular children’s book called "The Amazing Travels and Adventures of Baron von Munchausen.”

MSP is a diagnosis reached after examining the total picture presented, not any one specific factor. The suspicion that a child may be the subject of a factitious illness or illnesses is raised when a child presented to a doctor has one or more medical problems which do not respond to treatment or which follow an unusual course which is persistent and puzzling, has unexplainable physical or laboratory findings which are physically or clinically impossible and where such puzzling and/or bizarre symptoms abate spontaneously when the child is separated from his parent.

The profile testified to suggests that an MSP parent (in 98% of the cases it is a mother) is articulate and bright, and possesses a high degree of medical knowledge and/or fascination with medical details and hospital gossip, and seems to enjoy the hospital environment. Normally the mother seems almost unperturbed by the serious nature of her child’s medical course and is highly supportive and/or encouraging of the physician and medical staff. She is a highly attendant parent who is reluctant to leave her child’s side and is often perceived as very needy herself. The parent-child relationship is [970]*970so intimate as to be described as "symbiotic”, i.e., without clear definition between mother and child and their respective needs.

The suspected parent may be a health care professional, have a nursing degree or nursing training (statistics quoted suggest that 30-50% of MSP mothers studied were nurses) and, most importantly, the signs and symptoms of the child’s illness fail to occur in the parent’s absence. There may be a family history of sibling illnesses which are also unexplained and, at times, the unexplained or perplexing death of a sibling.

It was also suggested that an MSP parent may have a need for adulation or make herself available to the public by seeking publicity regarding the child’s illness or the suspicion of Munchausen Syndrome by Proxy itself. A family which reports dramatic or unusual happenings during the period that the child’s illness is under suspicion, such as house fires, burglaries, anonymous phone calls and break-ins often fit the profile as well.

Although there appear to be many presentations for MSP the most common include things like seizures, apnea, failure to thrive, vomiting, diarrhea, irritable bowel syndrome and, in older children, things like osteomyelitis and blood borne infections. This also appears to be a fairly dangerous disorder; the original studies conducted in 1977 by Dr. Roy Meadow

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Bluebook (online)
163 Misc. 2d 967, 625 N.Y.S.2d 786, 1993 N.Y. Misc. LEXIS 620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-aaron-s-nycfamct-1993.