State ex rel. E.F.

49 So. 3d 575, 2010 La.App. 1 Cir. 1185, 2010 La. App. LEXIS 1450, 2010 WL 4272732
CourtLouisiana Court of Appeal
DecidedOctober 29, 2010
DocketNo. 2010 CJ 1185
StatusPublished
Cited by6 cases

This text of 49 So. 3d 575 (State ex rel. E.F.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. E.F., 49 So. 3d 575, 2010 La.App. 1 Cir. 1185, 2010 La. App. LEXIS 1450, 2010 WL 4272732 (La. Ct. App. 2010).

Opinions

PARRO, J.

|2The parents of a minor child adjudicated a child in need of care appeal the judgment of the juvenile court1 assigning the guardianship of the child to his godparents and closing the case of the State of Louisiana through the Department of Social Services, Office of Community Services (OCS), without further court review. [577]*577For the reasons that follow, we affirm the judgment of the juvenile court.

FACTUAL AND PROCEDURAL BACKGROUND

EJ,2 the minor child at issue in this matter, was taken into the custody of OCS at the age of two months pursuant to an oral instanter order of custody after he was treated by physicians at Children’s Hospital in New Orleans with what the physicians deemed to be serious, non-accidental, life-threatening injuries. Specifically, EJ was found to have suffered multiple rib fractures and large bilateral subdural hematomas, which the physicians stated were consistent with inflicted trauma, such as child abuse. Neither the parents, nor any of the extended family members interviewed by OCS, could provide any explanation for the child’s injuries.

Included in the record is the report of Dr. Yameika Head, a forensic pediatrician at Children’s Hospital who interviewed JF and reviewed EJ’s medical records. According to this report, EJ was in normal health prior to December 8, 2008, based on the history provided by JF, the mother of EJ.3 Prior to going to work that morning, JF bathed EJ, and she apparently noticed that he seemed very quiet. EF then babysat the children41 swhile JF went to work.5 Later, JF, EF, and EJ went to the mall, and JF noticed that EJ would not eat. She further noticed that EJ’s hands were pulsing, his eyes were looking to the left, and he was jittery. JF apparently called EJ’s doctor’s office, and the doctor told her to take EJ to the emergency department at Children’s Hospital. At that time, EJ was diagnosed with seizures and was given a full seizure work-up, including an MRI, CT scans, an EEG, and various other tests. EJ was then hospitalized until December 13, 2008, when he was released with medication to control the seizures.

Approximately ten days later, JF and her other son noticed that EJ’s head looked bigger than normal. However, no one took EJ to the doctor until several days later on December 27, 2008. On that date, JF was at work while EJ was again being cared for by EF. EF contacted JF at work and told her that he noticed EJ’s pulsing hand movement again. He later told her that EJ was alert, crying, and moving. When JF came home from work, she tried to feed EJ, but he would not eat. She also noticed the pulsing hand movement. JF then brought EJ to Children’s Hospital, where EJ was diagnosed with seizure activity again.6 Various tests were performed on EJ, including a head CT and [578]*578a chest x-ray. The CT scan revealed fluid on the brain, so the Neurosurgery Department performed a subdural tap to relieve the pressure. The fluid on EJ’s brain was described in one part of Dr. Head’s report, as well as in the CT scan report dated December 28, 2008, as large bilateral chronic subdural hematomas most consistent with child abuse. The chest x-ray revealed multiple healing rib fractures of the left rib cage most consistent with non-accidental trauma. The fractures were believed to be approximately two to four weeks old.

Also included in the record is a letter signed by Dr. Lori A. McBride, EJ’s treating neurosurgeon, in which she noted that EJ was diagnosed with hematomas after he presented to the emergency room at Children’s Hospital with seizures, an enlarging |4head circumference, and a bulging fontanelle (soft spot). She acknowledged draining EJ’s hematomas several times while he was in the hospital, and she estimated that the blood within them was seven to twenty-one days in age when EJ was admitted. She also asserted that EJ’s injuries were clearly life-threatening and that he had evidence of permanent brain damage as a result of those injuries. Finally, Dr. McBride stated in her letter that the combination of injuries sustained by EJ, i e., the hematomas, combined with the elevated intracranial pressure and the rib fractures, were consistent with non-accidental trauma in her opinion.

After the initial subdural tap was performed to relieve the pressure on EJ’s brain, JF attempted to feed him. However, after he had eaten a little, one of the doctors noticed that EJ’s respirations were decreasing. Therefore, EJ was intubated and placed in the Pediatric Intensive Care Unit.

Dr. Head stated in her report that JF had provided no history of trauma, or any family or social history, that would explain the injuries that EJ had suffered. She also indicated that there was no evidence of a metabolic disorder or any bleeding or coagulation disorders that would explain the injuries. Nevertheless, Dr. Head asserted that EJ had physical findings of head trauma, as demonstrated by the bilateral chronic subdural hematomas, brain contusions, subarachnoid hemorrhages, and scalp edema that had been discovered upon examination. She also noted the skeletal trauma in the form of the multiple rib fractures suffered by EJ, which were palpable upon physical examination. She specifically stated that such fractures are generally suffered as the result of anteri- or-posterior compression (squeezing), a direct blow to the chest, or perhaps a crush injury. Dr. Head further asserted in her report that the seizure activity EJ was experiencing, and that had led to his latest admission to the hospital, was most likely due to the brain trauma he had sustained.

Dr. Head indicated in her report that she had reported the matter to the appropriate authorities, including OCS. Therefore, pursuant to LSA-Ch.C. art. 620(A), an oral instanter order was issued by the juvenile court on January 13, 2009, placing |Bthe child in the custody of the State. The next day, the juvenile court signed a written instanter order after it had received an affidavit from a representative of OCS setting forth the specific facts supporting the need for taking EJ into state custody. The child was placed with his godparents, Reverend Keith Boyd and his wife Kendra, and a continued custody hearing was held on January 22, 2009.7 At the hearing, the [579]*579parents simply stipulated that there were reasonable grounds to retain the child in custody without admitting any of the allegations against them. Accordingly, the juvenile court signed a written judgment on February 26, 2009, finding that there were reasonable grounds to believe that EJ was a child in need of care and that continued custody with the State was in his best interest and was necessary for his safety and protection. The juvenile court further found that OCS had made reasonable efforts 8 to prevent or eliminate the need for removal of the child from his parents’ custody because there was a substantial immediate danger that precluded preventive services as an alternative to removal. Finally, the juvenile court found that OCS made reasonable efforts to reunify the child with his family, including searching for a suitable relative placement, to no avail.

On February 17, 2009, the State through the Office of the District Attorney for the Parish of St. Tammany filed a petition alleging that EJ was a child in need of care 16on the following grounds:9

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Cite This Page — Counsel Stack

Bluebook (online)
49 So. 3d 575, 2010 La.App. 1 Cir. 1185, 2010 La. App. LEXIS 1450, 2010 WL 4272732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ef-lactapp-2010.