In re S.J.

387 S.W.3d 576, 2012 WL 3228729, 2012 Tenn. App. LEXIS 553
CourtCourt of Appeals of Tennessee
DecidedAugust 9, 2012
StatusPublished
Cited by64 cases

This text of 387 S.W.3d 576 (In re S.J.) 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 S.J., 387 S.W.3d 576, 2012 WL 3228729, 2012 Tenn. App. LEXIS 553 (Tenn. Ct. App. 2012).

Opinion

OPINION

HOLLY M. KIRBY, J.,

delivered the opinion of the Court,

in which ALAN E. HIGHERS, P.J., W.S., and J. STEVEN STAFFORD, J., joined.

This appeal arises out of dependency and neglect proceedings. The respondent mother has three children, one an infant. The infant suffered numerous unexplained injuries and was diagnosed with failure to thrive. The Tennessee Department of Children’s Services filed a petition to have all three children declared dependent and neglected, and alleged severe child abuse as to the infant. The trial court declared all three children dependent and neglected, but declined to find severe abuse. The respondent mother now appeals the trial court’s finding of dependency and neglect, and the Department of Children’s Services appeals the trial court’s failure to find severe child abuse as to the infant. We affirm the trial court’s finding that all three children were dependent and neglected, but find clear and convincing evidence that the infant suffered severe abuse; therefore, we reverse the trial court’s finding on severe abuse.

Facts and Proceedings Below

Respondent/Appellant S.F. (“Mother”) and J.J. Sr. (“Father”) have three children at issue in this appeal, two daughters, S.J. (born 2006) and C.J. (born 2007), and a son J.J. (born 2008). Mother and Father are not married to each other, but lived together with all three children. Father was employed and Mother was the primary caregiver.

In September 2007, when daughter C.J. was three months old, she sustained a skull fracture. Records indicate that C.J.’s skull was fractured on both sides of her head, and she had a contusion and bleeding on her brain. Given the severity of the injury, medical providers questioned whether the child could have sustained such a skull fracture in the way the parents claimed, from merely falling off a couch. The State of Tennessee Department of Children’s Services (“DCS”) took daughters C.J. and S.J. into protective custody and filed a petition in the Juvenile Court of Shelby County, Tennessee, to have them declared dependent and neglected. Tenn.Code Ann. § 37-1-102(b)(12)(F) and (G) (2010). DCS furnished services to the family while the children were in protective custody. For a time, an aunt and uncle took custody of the children. Almost a year after the daughters were taken into protective custody, they were returned to Mother’s custody and the petition was dismissed.1

Almost a week later, son J.J. was born. When J.J. was approximately two months old, Mother took him to the Women, Infants, and Children (“WIC”) Clinic, where she obtained infant formula for him. Generally, when parents come to the WIC Clinic to obtain infant formula, their child undergoes a brief assessment by a nurse or other medical professional at the Clinic. Mother was told in that visit to WIC that J.J. was significantly underweight and that [581]*581she should bring the child to be examined by his physician. She did not do so.

When son J.J. was four months old, Mother again brought J.J. to the WIC Clinic. Apparently very concerned at how underweight J.J. was, personnel at the WIC Clinic advised Mother that J.J. needed to go immediately to the hospital. Mother brought J.J. to the emergency room at Le Bonheur Children’s Medical Hospital (“Le Bonheur”) to be assessed.

When J.J. was admitted to Le Bonheur, he was examined by pediatrician Karen Lakin, M.D. (“Dr. Lakin”). Dr. Lakin found that J.J. had little subcutaneous fat and notable upper airway congestion. He was diagnosed with severe failure to thrive. Just as concerning, tests showed that the infant had numerous broken ribs in various stages of healing; the hospital radiologist reported that J.J.’s x-rays indicated that some of the injuries had occurred about ten days earlier, some about a month earlier. The parents gave no explanation for these rib fractures. Le Bonheur notified DCS and recommended a safety plan for infant J.J. and for his sisters, then one and two years old. DCS opened an investigation but, for reasons that are not apparent from the record, did not immediately remove the children from the home.

About a month later, while this DCS investigation was underway, five-month-old J.J. was transported by ambulance to the Le Bonheur emergency room. He was again seen by Dr. Lakin. Dr. Lakin determined that J.J.’s left leg had an acute proximal femur fracture, that is, his femur was severely broken and out of alignment. Father explained to the physician that he awoke to J.J.’s screaming; when he went to investigate, Mother was holding the screaming child. Mother told Father that J.J. had gotten his leg caught in the crib slats and Mother had pulled his leg out. The physician’s report described these as “highly suspicious fractures.”

The next day, DCS filed a dependency and neglect petition as to J.J. and alleged “severe child abuse” pursuant to Tennessee Code Annotated §§ 3T — 1—102(b)(1), 37-l-102(b)(12)(F), 37-l-102(b)(G), and 37-1-102(21)(A)2. The petition sought to take J.J. into DCS protective custody. The Juvenile Court granted temporary custody of J.J. to DCS the day the petition was filed. On the same day, DCS filed a pleading to modify the existing dependency and neglect petition concerning sisters S.J. and C.J., seeking to take them into protective custody as well. The modified petition did not allege “severe abuse” as to S.J. and C.J. The Juvenile Court ordered the two sisters to be immediately taken into protective custody as well.

In May 2009, the Juvenile Court appointed James Sanders as guardian ad li-tem (“GAL”) to represent all three children. Counsel was appointed to represent both Mother and Father.

On January 8, 2010, the Juvenile Court conducted a hearing on the dependency and neglect petitions.3 The Juvenile Court sustained both petitions’ allegation of dependency and neglect. As to J.J.’s failure to thrive, the Juvenile Court noted that, between birth and four months old, the child had gained only three pounds. J.J. readily gained weight in the hospital and [582]*582there was no medical explanation for his failure to thrive while in the parents’ care. It noted that J.J.’s rib fractures were unexplained and the leg fracture was not consistent with the parents’ explanation of how the injury occurred. The Juvenile Court found that Mother and Father “are unable to properly care for [their] children due to the history of serious physical injuries to their children and the inadequate explanations that accompany these injuries.” No specific finding was made on the allegation that J.J. had suffered severe abuse. Mother filed an appeal to circuit court for a de novo review of the Juvenile Court’s decision.4

The dependency and neglect petitions for all three children were consolidated for trial before the Shelby County Circuit Court. After discovery, the trial was conducted on November 1, 2010, on the consolidated petitions.

The trial court heard testimony from Mother and two DCS employees. It also considered the deposition testimony of Dr. Lakin of Le Bonheur, and the children’s medical records from Le Bonheur.

DCS investigator Tara Hibbler (“Hib-bler”) testified that she became involved with this family on March 27, 2009, when DCS received the referral from Le Bonh-eur after J.J.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Gracie W.
Court of Appeals of Tennessee, 2025
In Re Hunter W.
Court of Appeals of Tennessee, 2025
Alexander C. Ricketts v. Ashlee N. Bennett
Court of Appeals of Tennessee, 2025
IN RE KENNA R.
Court of Appeals of Tennessee, 2025
In Re Markus E.
Court of Criminal Appeals of Tennessee, 2025
Heather Marie Bailey v. Daniel Michael Bailey
Court of Appeals of Tennessee, 2025
In Re Mia C.
Court of Appeals of Tennessee, 2024
Linda R. Kerley v. George Olin Kerley
Court of Appeals of Tennessee, 2024
In Re Azay C.
Court of Appeals of Tennessee, 2024
In Re Dakari M.
Court of Appeals of Tennessee, 2024
In Re Brooklyn M.
Court of Appeals of Tennessee, 2024
In Re Lorelai E.
Court of Appeals of Tennessee, 2022
In Re Kansas B.
Court of Appeals of Tennessee, 2022
In Re S.S.
Court of Appeals of Tennessee, 2022
In Re Erin N.
Court of Appeals of Tennessee, 2022
In Re C.N.
Court of Appeals of Tennessee, 2022
In Re Angelleigh R.
Court of Appeals of Tennessee, 2021
In Re Walter B.
Court of Appeals of Tennessee, 2020
In Re Dyllon M.
Court of Appeals of Tennessee, 2020

Cite This Page — Counsel Stack

Bluebook (online)
387 S.W.3d 576, 2012 WL 3228729, 2012 Tenn. App. LEXIS 553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sj-tennctapp-2012.