In re S.T.B.

499 N.W.2d 903, 1993 S.D. LEXIS 47
CourtSouth Dakota Supreme Court
DecidedMay 5, 1993
DocketNo. 17642
StatusPublished
Cited by6 cases

This text of 499 N.W.2d 903 (In re S.T.B.) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re S.T.B., 499 N.W.2d 903, 1993 S.D. LEXIS 47 (S.D. 1993).

Opinion

PER CURIAM.

A.B. (“Mother”) and E.B. (“Father”) appeal an order terminating their parental rights in their child, S.T.B. We affirm.

FACTS

Mother and Father met shortly after Father was released from the State Training School in Plankinton. Mother became pregnant and she and Father were married in June 1990. S.T.B. was born on Novem[904]*904ber 2, 1990. He was a normal, healthy baby and was released from the hospital on November 5, 1990.

Mother and Father took S.T.B. to the hospital on the evening of November 12, 1990 and explained that Father had fallen on some stairs while carrying S.T.B. They were concerned that S.T.B. may have injured his head. Dr. Merritt Warren did a thorough examination of S.T.B. and did not discover any injuries. Dr. Warren gave them liquid Tylenol and sent them home and suggested they watch for bruising.

Mother had a regularly scheduled doctor’s appointment for S.T.B. for the next day, November 13, 1990. Dr. Robert Shas-key gave S.T.B. a thorough examination but discovered no abnormal physical findings. Mother specifically told Dr. Shaskey about the stair incident, but Dr. Shaskey found no injuries to S.T.B.

Eight days later, on November 21, 1990, Mother and Father again took S.T.B. to the emergency room at the hospital and explained that S.T.B. had been acting strangely that evening and they thought he had stopped breathing a couple of times. Dr. Richard Heib examined S.T.B. and determined he was acutely ill and that a brain injury was involved. S.T.B. stopped breathing but Dr. Heib was able to resuscitate him. Dr. Heib concluded that S.T.B. needed intensive emergency neonatal care and arranged to transfer him to Sioux Valley Hospital by air ambulance.

When S.T.B. arrived at Sioux Valley he came under the care of Dr. Richard Hosen. Dr. Hosen examined S.T.B. and determined that he was suffering from the following injuries:

1.Seven (7) lesions as follows:

(a) a blue bruise on the right parietal area of the head, a few hours to one week old;
(b) A right temple lesion, no color noted, of older age than (a);
(e)a deep brown bruise on the right mandible, of older origin than (a);
(d) a deep blue bruise near the anus, of recent origin;
(e) multiple small skin leverages in the area of the scrotum; probably caused by a pinch or slap;
(f) a purple bruise on back of left thigh, older than other bruises; and
(g) a deep red bruise on the head of the penis; most probably from a pinch.

2. The child’s fontanel, or soft spot on the head, was bulging.

3. A crack in the right parietal region of the child’s skull.

4. Retinal hemorrhaging in the left eye.

5. Massive intercavial injuries as follows:

(a) right parietal hematoma;
(b) left frontal hematoma;
(c) left temporal bleeding;
(d) left parietal bleeding;
(e) left occipital bleeding;
(f) intra-cerebral bleeding; and
(g) inter-cerebral bleeding.

6. Two corner fractures in the left tibia exhibiting new bone formation.

7. A corner fracture in the left femur showing no new bone formation.

Dr. Hosen quickly opined that S.T.B. was the victim of “battered child syndrome.”

S.T.B. was obviously seriously ill and was not expected to live through the ordeal. Fortunately, he made a remarkable recovery. S.T.B. stayed in the hospital until December 21, 1990. As of the briefing in this case, his recovery was not complete. He suffers certain developmental difficulties. The long-term effects which will result from his brain injury cannot be diagnosed to any degree of medical certainty at this time other than there will be such long-term effects.

Social Services took custody of S.T.B. and initiated a dependency and neglect proceeding. On February 12, 1991, the trial court entered an adjudicatory order declaring S.T.B. dependent and neglected. Social Services attempted to provide services, but Mother and Father were uncooperative because of advice of counsel and fear of prosecution for child abuse. Mother and Father did not undergo counseling or attend any parenting courses. This is in part due to the uncooperativeness exhibited by [905]*905Mother and Father. Notwithstanding this uneooperativeness, Social Services workers provided limited services (because they believed that their efforts with these uncooperative parents would be futile).

Mother and Father contend no “reasonable efforts” were made to reunite them with S.T.B. The fundamental nature of parents’ rights to their children mandates at least reasonable efforts to aid them in retaining their offspring. People in Interest of T.H., 396 N.W.2d 145, 148 (S.D.1986). See also SDCL 26-8A-21. However, in compelling circumstances, parental rights may be terminated without delay where it is in the best interests of the child. People In Interest of T.L.J., 303 N.W.2d 800, 806 (S.D.1981). See also In Interest of A.D., 416 N.W.2d 264, 267-68 (S.D.1987) (citing Matter of B.E., 287 N.W.2d 91 (S.D.1979)) (services are not mandated in every case). This case, if any, presents such a compelling situation.

Related

In re I.H.
2004 SD 7 (South Dakota Supreme Court, 2004)
Interest of T.G.
1998 SD 54 (South Dakota Supreme Court, 1998)
People in Interest of SAH
537 N.W.2d 1 (South Dakota Supreme Court, 1995)
Matter of STB
499 N.W.2d 903 (South Dakota Supreme Court, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
499 N.W.2d 903, 1993 S.D. LEXIS 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-stb-sd-1993.