Does a Parent’s Good Reputation Trump Compelling Medical Evidenc
DEVELOPMENTS IN VERMONT LAW
By Kimberly B. Cheney
Does a Parent’s Good Reputation Trump Compelling Medical Evidence of Child Abuse?
Three-month-old Z.L., weighing 20 pounds, suffered an acute skull facture that went ear to ear over the crown of his head. Hospital treatment revealed an acute subdural hematoma on the left side, and chronic subdural hematoma on the right that was two to four weeks old. The injuries caused clinical death of nearly half Z.L’s brain.
Both parents were at home when Z.L. was injured. M.L. and Z.L were alone downstairs. Mother returned. She found Z.L. face down on the floor and 80 pound M.L. getting up from the floor. Mother called an ambulance and asked her neighbor for help. Mother took M.L. upstairs and returned right away to go with Z.L. in the ambulance. Father and the neighbor then asked M.L. what had happened. M.L. said she picked up Z.L. because he was so cute, and then fell on top of his head. There was no time for mother to coach M.L. The neighbor thought M.L’s statements were creditable and unrehearsed.
The State petitioned the Family Court to find both children were in need of care and supervision (CHINS). The state presented four doctors who treated Z.L at the hospital, and two other with expertise in child abuse. They all agreed Z.L.’s injuries were non-accidental in nature, and were more akin to swinging the child by its legs and hitting its head on a hard surface. Parents produced medical testimony that injuries could have been caused as M.L. said they were.
Judge Keller found the State’s medical evidence of non-accidental trauma was more likely correct than the parents’ version of events. He found the absence of evidence of the force that would be exerted by 80 pound M.L. falling on Z.L. to be of concern. M.L.’s statement was not scientifically disproved. Judge Keller also found there was no evidence from the community that the parents were abusive, that M.L.’s explanation was credited by the neighbor and that teachers and acquaintances found parents to be good, caring, non-abusive parents. The Court dismissed the CHINS petition, saying the non-medical evidence overcame the medical evidence. The state and the children appealed.
Four justices of the Supreme Court voted to affirm Judge Keller. They stated it was up to the trial judge to determine the credibility of witnesses and weight of the evidence. His job was to protect the welfare of the children, while protecting a parent╒s rights to their children. They found Judge Keller╒s reasoning confusing but legally correct. Although they might come to a different conclusion, they found no error.
Chief Justice Reiber dissented. He thought the medical evidence compelling. ‘Child abuse,’ he wrote, ‘is a pernicious societal problem’ afflicting even ‘good parents’ who have a momentary loss of temper in a private setting. Community witnesses cannot know what happens in the home. He found the only logical explanation was parental abuse.
Judges, who rule on cases from written records, leave the truth finding function to the Judge that sees the people. In Re M.L. and Z.L Juveniles 2010 Vt. 5
This concerns not so much compelling medical evidence as medical OPINION. Doctors opine that nothing other than child abuse (which is indeed a pernicious problem) can cause such serious injuries to a child. Dozens, even hundreds, of parents/ grandparents/ babysitters with sterling reputations and long histories as exceptional caretakers of children have had their families torn apart and breadwinners locked up for decades based on such opinions. But doctors, even those with the best intentions, can be wrong! Many of us know from personal experience that doctors can misdiagnose and be wrong! How can courts consider medical opinions proof beyond a reasonable doubt, giving the presumption of innocence to the accused? Yes, even good parents can have a momentary loss of control, but has that been PROVEN in this case by what seems most "logical" to the judge? There but for God's grace goes any one of us. My heart aches for this family and especially these little children whose abuse, in this case, may be caused by the state.
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