In re N.T.B.

205 S.W.3d 499, 2006 Tenn. App. LEXIS 168
CourtCourt of Appeals of Tennessee
DecidedMarch 9, 2006
StatusPublished
Cited by2 cases

This text of 205 S.W.3d 499 (In re N.T.B.) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re N.T.B., 205 S.W.3d 499, 2006 Tenn. App. LEXIS 168 (Tenn. Ct. App. 2006).

Opinion

OPINION

D. MICHAEL SWINEY, J.,

delivered the opinion of the court,

in which HERSCHEL P. FRANKS, P.J., and SHARON G. LEE, J., joined.

The State of Tennessee Department of Children’s Services (“the State”) filed a Petition for Temporary Custody of N.T.B. (“the Child”) in July of 2002, alleging, among other things, that the Child was abused and/or dependent and neglected. The Juvenile Court held that the Child was a dependent and neglected child within the meaning of the law and awarded temporary custody of the Child to the State. Reba Johnson (“Mother”) and Michael Blevins (“Father”) appealed the Juvenile Court order to the Circuit Court (“Trial Court”), and the case was tried. After trial, the Trial Court found and held, inter alia, that the Child was a dependent and neglected child within the meaning of the law and that the Child had suffered severe abuse pursuant to Tenn.Code Ann. § 37-l-102(b)(21)(A) while in the care of his parents. Mother and Father appeal. We affirm.

Background

Rachel Hecht, M.D., the Child’s pediatrician, became concerned during her July 1, 2002, examination of the Child about the unusually large circumference of the Child’s head. Dr. Hecht ordered a CT scan of the Child’s head to be done on July 9, 2002. The CT scan revealed a parietal skull fracture, and Dr. Hecht called the Abuse Hotline to report her suspicions of abuse. Further testing revealed that the Child also had suffered a right retinal hemorrhage, a fractured right rib, and an ulnar fracture. The State filed a Petition for Temporary Custody, and the Juvenile Court found the Child to be a dependent and neglected child within the meaning of the law and awarded the State temporary custody. The Child was four months old at that time.

Mother and Father appealed the Juvenile Court order to the Circuit Court and the case was tried in May of 2005. David Shepherd, a family violence investigator with the Johnson County Sheriffs Department, testified at trial regarding his investigation of the injuries to the Child. Detective Shepherd testified that he interviewed Mother and Father at the Sheriffs Department. Detective Shepherd testified that he interviewed Mother first while Father waited in the lobby. Mother was accompanied by her attorney. Detective Shepherd testified that Mother told him about an incident when Father was playing airplane with the Child:

where the child would have been what he described as prone, you know, displayed like a prone, with the child’s chest in his hand and legs in his hand playing airplane going up and down. And the child — he said the child hit its nose on his knee. She described that [501]*501situation to me and could give no further explanation for the injuries that the child had.

Detective Shepherd testified that “[Mother’s] emotions did not seem appropriate to me. She was highly defensive, very emotional. It just didn’t — her emotions did not seem appropriate for the line of questioning that I had.” Detective Shepherd testified that Mother told him that only she, Father, and her mother had physical contact with the Child since birth and that “she could not picture any of the other two mentioned, [Father] or her mother, injuring the child.” Detective Shepherd testified that he interviewed Father who reported the ‘playing airplane incident’ and confirmed that only Mother, Father, and Mother’s mother had contact with the Child. Detective Shepherd testified:

I felt that [Father] had a very limited knowledge as to the facts as to how the child could have actually received the injuries, but I did feel like at the end of the interview he knew how the child received the injuries, but he somewhat seemed more — his emotions seem somewhat more appropriate than [Mother’s], but well, they seemed somewhat more appropriate. He wasn’t a real huge emotional range going from crying to angry like [Mother] was.

Detective Shepherd testified that Father did seem somewhat upset.

Detective Shepherd testified that he contacted the District Attorney General after the initial interviews, and Mother and Father then were charged with aggravated child abuse or neglect. The criminal proceedings were still pending at the time of the trial in the instant case. Detective Shepherd also testified:

While [Mother] was in the office with [her attorney], she said — she asked me if she would be forced or if her — if she and [Father] were married, if they would be forced to testify against each other, and [her attorney] just told — what I would call give her the hush sign and they could talk about that later.

Dr. Hecht, the Child’s pediatrician, also testified. Dr. Hecht testified that when she examined the Child on May 28, 2002, she noted that the Child had been seen in the emergency room for vomiting and had some abrasions. Dr. Hecht also noted that the Child had bruising on his forehead and left anterior shoulder. Dr. Hecht testified that she wrote in her notes at that time that she doubted abuse because she was given a decent explanation for the nose abrasion. Dr. Hecht testified that she was told:

[Mother] picked up the baby and that the nose had gotten scraped on, I think the zipper of the jeans, which I guess at the time sounded plausible to me ... although it is uncommon for infants to have bruises, things do happen and, and being a mother myself, I can remember times when my very young children had scratches and bruises that weren’t abuse, so at that, that point I did not feel like this was abuse....

Dr. Hecht testified that on the Child’s four month well-baby visit on July 1, 2002, the Child’s large head circumference raised a red flag for her. Dr. Hecht testified that she ordered a CT scan and explained her reasons for doing so stating:

number one was probably my concern. Number two was parental concern. Number three, probably the head circumference in relation to the baby’s size, ... we can’t look at the growth chart and you can’t just look at one part of a growth chart in isolation.... The head was out of proportion to the body and it was a relatively new phenomenon that his head had been trucking along at the fiftieth percentile and then jumped up [502]*502to, it looks like at the two month visit was somewhere between the seventy-fifth and ninetieth, which isn’t ... an eye catching thing, but then is well into the ninetieth percentile with a weight and the length of the tenth percentile.

Dr. Hecht also noted at that time that the Child had some asymmetry to his head.

Dr. Hecht testified that she received a phone call from the radiologist, Marianne R. Neal, M.D., on the day the CT scan was performed and that she was told that the Child had a parietal skull fracture. Dr. Hecht testified that the Child had the only skull fracture in an infant four months old or younger that she has seen while in private practice. However, Dr. Hecht testified that she did see skull fractures in infants while she was doing her residency “and they were all abuse related.” Dr. Hecht testified that the Child’s enlarged head circumference was associated with the skull fracture and the ensuing bleeding and stated:

probably the reason that [the Child] wasn’t symptomatic neurologieally or grouchy or anything was because his bones were allowed to spread.

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Cite This Page — Counsel Stack

Bluebook (online)
205 S.W.3d 499, 2006 Tenn. App. LEXIS 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ntb-tennctapp-2006.