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Dep't of Servs. for Children v. D. R.

Family Court of Delaware
Sep 29, 2022
No. CN22-04122 (Del. Fam. Sep. 29, 2022)

Opinion

CN22-04122 Petition 22-16797

09-29-2022

DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES ("DSCYF"), Petitioner, v. D. R., and I. R., Respondents. IN THE INTEREST OF: O. R. (d.o.b. -/-/2021)

PRESENT FOR THE HEARING: Jonathan Harting, Esq. DAG Kaela Mason, DSCYF Jonathan Harting, Esq. DAG Victoria Casper, DSCYF D----- R-----, Mother I------R-----, Father Michael Heyden, Esq., Parents' Atty. Elizabeth Fillingame, Child Atty. Alyssa Walter, Children's Choice A----- L-----, Foster Mother M------L-, Foster Father Stephanie Deutsch, M.D., Nemours Children's Hospital


Ex Parte Order: 8/11/22

PPH Order: 8/22/2022

PRESENT FOR THE HEARING:

Jonathan Harting, Esq. DAG

Kaela Mason, DSCYF

Jonathan Harting, Esq. DAG

Victoria Casper, DSCYF

D----- R-----, Mother

I------R-----, Father

Michael Heyden, Esq., Parents' Atty.

Elizabeth Fillingame, Child Atty.

Alyssa Walter, Children's Choice

A----- L-----, Foster Mother

M------L-, Foster Father

Stephanie Deutsch, M.D., Nemours Children's Hospital

ADJUDICATORY HEARING ORDER

FELICE G. KERR, JUDGE

An Adjudicatory Hearing was held on September 27, 2022, in the interest of O---- R-----("O-") (born,-------- ---, 2022). D------ R------ ("Mother") and I------R------ ("Father"), collectively ("the Parents"), were present for the hearing with their counsel, M------H-----, Esquire. The Court heard testimony from Victoria Casper ("Ms. Casper") and Kaela Mason ("Ms. Mason"), on behalf of DSCYF. The Court also heard testimony from Dr. Stephanie Deutsch ("Dr. Deutsch), on behalf of Nemours Children's Hospital-CARES unit., Based upon the evidence presented, the Court makes the following findings of fact and conclusions of law.

Dr. Stephanie Deutsch testified via Zoom.

Dr. Deutsch testified that the CARES Unit specializes in reviewing cases of suspected child abuse or neglect.

(1) The Court finds by a preponderance of the evidence that O- is dependent as defined by 10 Del. C. § 901(8). O- is dependent as to Mother and Father due to 0~'s multiple injuries consistent with child abuse. O- had fractures in various stages of healing, adult-sized bite marks, an injury to the tip of his penis, and burns which are inconsistent with the Parent's explanation.
(2) Continuing the child's residence in the home is contrary to his welfare and it is in his best interest to remain in the custody of DFS for the reasons stated herein.
(3) The Court finds that DSCYF has made reasonable efforts to prevent the unnecessary removal of the child from his home. Ms. Casper testified that DFS became involved on August 11, 2022, after receiving a priority 1 referral regarding O------ being bought to the Middletown Hospital with complaints of vomiting, coughing and rapid breathing.Dr. Deutsch testified that O- had second-degree burns on 5% of his abdomen and right thigh and bruising on the tip of his penis. O- was referred to Nemours Children's Hospital who conducted a head and abdomen CTS scan, and a physical and skeletal examination. Dr. Deutsch testified that O----'s physical examination showed curvy linear, hyperpigmentation with an inter-canine distance of 3.5 centimeters to O---'s hand and arm consistent with adult bite marks. The physical examination also showed 2nddegree burns. Dr. Deutsch explained that 2nd degree burns are not superficial, and that blistering occurs. The doctor stated that some of O---'s skin had sloughed off. Dr. Deutsch testified that O---'s bloodwork showed iron deficiency which could be the result of poor nutrition. The skeletal examination revealed multiple fractures in multiple stages of healing, including left rib fractures and fractures in the left wrist. Dr. Deutsch opined that the fractures were several weeks old. Dr. Deutsch explained that the wrist fracture could potentially be caused by the child falling with an outstretched arm but that it would be unusual for his age group. Dr. Deutsch testified that the fractures were consistent with compression of the child's ribs. Dr. Deutsch opined that O---'s vomiting and change in breathing resulted from O- being in pain from the burn. Dr. Deutsch testified that she learned that the child was born with pneumomediastinum and other medical conditions but that these medical conditions likely did not cause O--'s vomiting and rapid breathing. Dr. Deutsch explained that it was possible but unlikely that 0~'s burns were 1st degree burns that only appeared as 2nd degree burns after removing bandages from the burns. Dr. Deutsch also explained that it would be rare that the child having fallen would cause a discrete lesion to the tip of the penis or rib fractures. Dr. Deutsch further explained that it was implausible for the bruise to the child's penis to be self-inflicted. Dr. Deutsch testified that she found child abuse within a reasonable degree of medical certainty.
(4) Ms. Casper testified that Mother provided an explanation to law enforcement as to how O------ received his injuries. Ms. Casper explained that Mother stated that the bite marks on 0~'s forearm were from Mother's brother. Ms. Casper further explained that Mother admitted that when she feeds O------ she bites his hands when he placed them into her mouth. Dr. Deutsch ooined that the oiementation indicated that the skin had been
disrupted such as punctured or bruised. Mother indicated that the rib fractures were the result of O------ having fallen from the couch. Mother reported that the burns and bruising were from the bathwater the night before when she turned away and O------ turned on the faucet and fell back into the bathtub into the hot water. Mother estimated that she turned away for a few seconds. Ms. Casper testified that during her home assessment she observed the bathtub, and it had two round knobs that "turn like a doorknob". Dr. Deutsch testified that Mother's explanation was implausible due to the temperature of the water and the length of time O------ would have been in the water.
(5) Dr. Deutsch testified that according to the American Pediatrics Association a 2nd degree burn can occur when water temperatures exceed 120 degrees Fahrenheit for a period of over 10 minutes. Ms. Casper testified that law enforcement visited the home to take measurements of the bathtub and test water temperature. At that time, the water's hottest temperature was in between 86- and 96-degrees Fahrenheit using a temperature "gun". Ms. Casper explained that the following day additional testing was done using a thermometer and the temperature read at 120 degrees Fahrenheit. Dr. Deutsch explained that the uniform depth of burn indicated that it may have resulted from contact with hot object. Dr. Deutsch further explained that an 8-month-old subjected to burning on his own would react by withdrawing from hot object and outcry. Dr. Deutsch testified that there was nothing to suggest that the wound happened earlier than August 10th, 2022.
(6) Substance Abuse: Ms. Casper reported that DSCYF does not have any concerns for substance abuse for Mother or Father.
(7) Mental Health: Ms. Casper reported that DSCYF does not have any concerns for Mother or Father's mental health at this time as no history has been reported.
(8) Housing: Ms. Casper testified that is unclear where Mother and Father's primary residence is. Mother and Father move around a lot and stay with relatives in Pennsylvania and New Jersey. Father is a------------which DFS believes required him to live in------------. They also live in a house in Delaware where the incident at hand occurred. On August 11, 2022, Ms. Casper conducted a home assessment of the home in Delaware. Ms. Casper found the home to be safe and appropriate with food, utilities, age-appropriate supplies, and toys. DSCYF would like clarification on their primary residence.
(9) Employment: Mother is a----------. Father is a------------. Ms. Casper testified that DSCYF does not have any concerns for Mother or Father's finances.
(10) Legal: There is an ongoing criminal investigation involving the burn incident on August 10, 2022. Ms. Casper testified that she was not provided with any new information.
(11) Placement: O- is place in a foster home through Children's Choice. Ms. Casper explained that O- is developing well, gaining weight, eating and feeding himself.
(12) Medical: O- is up to date medically. Ms. Casper testified that Foster Mother takes O-- to all his appointments. O- had a follow up visit at Nemours Children's Hospital on August 24, 2022. Dr. Deutsch testified that O- was healing normally.
(13) Education: O- does not attend daycare. O- is cared for at home by his foster mother.
(14) Visitation: Ms. Casper testified that she communicates with the Parents often. Mother reaches out by phone for updates weekly. Mother and Father have not had visitation with O- due to the ongoing criminal investigation.
(15) The Court finds that DSCYF has made reasonable efforts to place the child with adult relatives and has exercised due diligence to identify and provide notice to all grandparents and other adult relatives. Ms. Casper testified that Paternal Grandmother resides in North Carolina and is back-and-forth between Delaware and North Carolina. Ms. Mason testified that during a team decision making meeting it was stated that Paternal Grandmother owns the house in Delaware and stays there often. It was also determined that Paternal Grandmother may have been at the house at the time of the burning incident on August 10, 2022. Ms. Mason explained that she reached out to Paternal Grandmother for an interview but did not receive a response. Ms. Mason explained that DSCYF would need criminal clearance before considering Paternal Grandmother as a placement option. Ms. Casper explained that Maternal Grandmother is not a placement option because she lives with Mother's brother who may have bitten O-. Ms. Casper testified that Paternal Great Uncle, A- A------is willing and able to be a placement option. Paternal Great Uncle lives in Maryland and would need an ICPC. Ms. Casper testified that she submitted all the necessary paperwork for an ICPC.
(16) To the knowledge of DSCYF, neither the Child nor the Parents are members of a nationally recognized Native American tribe.

Ms. Casper testified that a priority 1 referral is the most urgent referral type that must be responded to within 24 hours.

IT IS ORDERED THAT:

(a) Physical or constructive removal of O- from Mother and Father shall be continued and the custody of 0-, SHALL REMAIN with DSCYF until further Order of the Court.
(b) Visitation between the Parents and the Child shall be at the discretion of DSCYF.
(c) DSCYF shall submit an ICPC to Maryland.
(d) A DISPOSITIONAL HEARING is set for October 25,2022, at 3:00 PM via Zoom for which the Court has allotted one (1) hour.

DFS advised that they are taking the case to PPC and may make a request for "no reasonable efforts".

SO ORDERED.


Summaries of

Dep't of Servs. for Children v. D. R.

Family Court of Delaware
Sep 29, 2022
No. CN22-04122 (Del. Fam. Sep. 29, 2022)
Case details for

Dep't of Servs. for Children v. D. R.

Case Details

Full title:DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES ("DSCYF")…

Court:Family Court of Delaware

Date published: Sep 29, 2022

Citations

No. CN22-04122 (Del. Fam. Sep. 29, 2022)