State v. In the Interest of Two Children

477 So. 2d 883, 1985 La. App. LEXIS 9928
CourtLouisiana Court of Appeal
DecidedOctober 11, 1985
DocketNo. CA-3337
StatusPublished

This text of 477 So. 2d 883 (State v. In the Interest of Two Children) 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 v. In the Interest of Two Children, 477 So. 2d 883, 1985 La. App. LEXIS 9928 (La. Ct. App. 1985).

Opinion

BYRNES, Judge.

This appeal arises out of a judgment of the Juvenile Court for Orleans Parish permanently severing the parental rights of Dianne and Elijah Gray pursuant to the provisions of LSA-R.S. 13:1601(A), (C), and 1602(D).

Dianne Gray was previously convicted, in Criminal District Court, of cruelty to a juvenile under LSA-R.S. 14:93, as to her daughter (“X”) and acquitted regarding her son (“Y”). Elijah Gray, the father, was acquitted of similar charges as to both children. Subsequent to the criminal trial, this action to terminate parental rights was filed in Juvenile Court.

After a lengthy trial, the court specifically found Dianne and Elijah Gray guilty of simple battery, aggravated battery, and/or negligent injury. The trial judge held that the state, had satisfied its burden of proof under R.S. 13:1601(A)(1), (2) and (C)(2) and therefore terminated the Grays’ parental rights.

Both parents filed separate briefs to this court, alleging that the trial court abused its discretion in terminating their parental rights.

FACTS

The trial judge, in her reasons for judgment which are outstanding for their thoroughness and well reasoned analysis, recites the full history of this case:

The abuse of (“Y”) and (“X”) first came to the attention of the authorities at Andrews Air Force Base in Maryland in July of 1981. Both children were hospitalized from July 23, 1981, to July 28, 1981, as a result of the reported abuse. At that time, (“X”) had a one-inch cut in the center of her forehead, her left eye was blackened, and both of her hands were swollen. (“Y”) had a swollen foot. (“X”) attributed her injuries to her mother’s hitting her and (“Y”) said his father [885]*885had stepped on his foot. The treating physician said that the bruises on the children were compatible with child abuse. Both children were reported to be afraid of their parents.
Captain John D. Smith Jr., USAF, MSW, tried to help the parents, but to no avail. Elijah Gray denied any abuse, saying that (“X”) hurt her hands by picking up and dropping a sofa on them, which sofa Captain Smith was subsequently unable to lift himself. Elijah Gray also said that (“X”) hands were not swollen when he had last seen her that morning, the same statement he made in respect to her later injuries in New Orleans. He further stated that (“X”) got her back eye by playing with a 5-week old poodle and that (“Y”) was “faking” his limp. Dianne Gray also denied the abuse, was hostile and angry, and generally would not speak to Captain Smith. Mr. and Mrs. Gray felt, and contunue to feel, that the Air Force personnel were “messing with them,” and they remained hostile and resistive to assistance and treatment. They would not attend the Parents Anonymous group meetings, as suggested by Captain Smith, nor would they even check out a book on parenting from the base library. (Mr. Gray later testified that this was because he and his wife had both been to “medical school” and had books on children at home. None of these alleged books were ever produced at trial, however.) Mr. and Mrs. Gray even refused to tell Captain Smith where they were relocating to upon Elijah Gray’s “separation” from the Air Force, which occurred in September, 1981.
After Elijah Gray’s “separation” from the Air Force in September of 1981, the family returned to New Orleans, where they set up residence. The Air Force authorities were very concerned about the situation and made contact with the Office of Human Development (OHD) in New Orleans. Following up on the referral, Ms. Fadge Flowers, OHD, made contact with the family by visiting the home, unannounced, where she was greeted with hostility and anger on the part of Mrs. Gray. Mrs. Gray flatly denied any abuse and said she didn’t need any services. The case was kept open by means of telephone contacts, which were generally uneventful. The case was subsequently transferred to Ms. Patrice Green, OHD, who has a Master’s Degree in Metal Health. On September 13, 1982, the OHD had Elijah Gray evaluatyed by Dr. Brian Jordan, a clinical psychologist. (Dianne Gray refused to be evaluated, and the Grays refused to have (“Y”) evaluated, saying that (“X”) was the problem.)
Virtually immediately after this evaluation took place, the children again showed signs of abuse. (“X”) was reported to be at school, bruised and limping. Both children were taken into state custody and were taken to be examined by Dr. Winston Levy (on 9-16-82) and by Dr. Elijah Sproles (on 9-20-82). Physical examination of the children revealed “indisputable findings of inflicted traumas,” according to Dr. Sproles. (“X”) displayed linear lesions on both sides of her mouth which were quite characteristic of having been gagged with something that was placed in her mouth and tied behind her head. (Those marks were so characteristic that Dr. Sproles later had them photographed for his teaching file.) She also had injuries to her right eye — reminiscent of the blackened left eye she was observed to have in Maryland, approximately one year earlier — as well as many bruises, abrasions, scars in vaious stages of healing on her chest and back, a large bruise on her chest, swelling over the middle of the radial area of her right arm, a swollen left foot reminiscent of (“Y’s”) swollen foot in Maryland, multiple loop and linear marks, and a healed scar on her buttocks. X-rays of (“X”) revealed a sinus fracture in the right eye area and a healing fracture of the right arm. When questioned about the healed scar on her buttocks, (“X”) stated that her mother had burned her with a hot comb. The physician felt that this expía-[886]*886nation was compatible with the injury. When questioned about her other injuries, (“X”) explained that she had been hit by her mother with a hammer on her face and back and foot and also with a belt and that she had been gagged, apparently to prevent her from crying out. The physician felt that the injuries were compatible with what the child described and, further, that they were not compa-taible with playground injuries or roughhousing. (emphasis in original)
As in Maryland, (“Y’s”) injuries were not as severe as (“X’s”) were. He had bruises on his hips and legs and back, which he explained by saying he was hit with a hammer. His injuries were consistent with this explanation. It should be noted that the children were examined and questioned separately, so that neither heard the other’s explanation at the hospital.
Throughout the time the children have been in state custody, they have generally held to these accounts. (“Y”) told Ms. Peggy Whitmarsh, MSW, on December 16, 1983, that he was hit on the back by his mother with a hammer and by his father with a belt. In October of 1983, both children told Dr. Karen Alleyne, a psychiatrist, that they did not want to see or talk to their parents. On September 30, 1983, (“X”) told Dr. C.S. Cowar-din, a psychiatrist, that she was afraid even to visit with her parents. On September 28, 1982, (“Y”) told Dr. Brian Jordan, a psychologist, that his parents beat him with a belt, a hammer, and various other objects, and that his father once hit him with a chair. On September 28, 1982, (“X”) told Dr. Jordan that her parents beat her and that her father gagged her and that she did not want to return to live with her parents. In this court, on January 17, 1984 (“X”) said that Dianne Gray hit her with a hammer on her back, legs, eye, etc., and that Elijah Gray was present when this took place.

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477 So. 2d 883, 1985 La. App. LEXIS 9928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-in-the-interest-of-two-children-lactapp-1985.