Castro, In Interest of

• Decision Date: 22 May 1981
• Docket Number: No. 13587,13587
• Parties: In the Interest of Leticia CASTRO, a Child Under 18 Years. Jose CASTRO, Appellant, v. The STATE of Idaho, DEPARTMENT OF HEALTH AND WELFARE, Respondent.
• Court: Idaho Supreme Court

Page 1052

628 P.2d 1052

102 Idaho 218

In the Interest of Leticia CASTRO, a Child Under 18 Years.

Jose CASTRO, Appellant, v. The STATE of Idaho, DEPARTMENT OF HEALTH AND WELFARE, Respondent.

No. 13587.

Supreme Court of Idaho.

May 22, 1981.

Gregg E. Lovan of Rettig, Rosenberry & Lovan, Caldwell, for appellant.

David H. Leroy, Atty. Gen., David E. Wynkoop, Deputy Atty. Gen., Boise, for respondent.

McFADDEN, Justice.

Appellant Jose Castro seeks review of an order of the district court affirming an order of the magistrate division of that court which terminated his parental rights to his minor child, Leticia Castro, upon a finding that the child had been abused. I.C. § 16-2005(b). Appellant challenges the sufficiency of the evidence supporting the court's order of termination. After reviewing the record, the court is of the opinion that the order of termination must be affirmed.

The Idaho Department of Health and Welfare on March 2, 1979, filed a petition for termination of the parent-child relationship between Leticia Castro and her natural parents, Jose and Vicenta Castro. The petition alleged that the parents had abused the child or allowed her to be abused, and that termination of the parent-child relationship would be in the best interest of the child. I.C. § 16-2005(b).

Pursuant to I.C. § 16-2008, an investigation was undertaken by the Idaho Department of Health and Welfare, and a written report of that investigation relating to the parent-child relationship was filed with the magistrate court on March 2, 1979. The report, prepared by Mr. Mike Neher, senior social worker with the Department, discussed in detail the circumstances leading to the filing of the petition of termination.

The report discloses the following facts pertinent to this appeal. The Caldwell office of the Department of Health and Welfare had been in contact with the Castro family since early November, 1978. The Department made contact with the Castros in response to a request by Mr. Walter Hall, Children Service worker, for the Los Angeles County Department of Public Social Services, Bureau of Social Services. In his request Mr. Hall stated that Leticia was in custody of the Los Angeles County Juvenile Court, ¹ that the parents had left the Los Angeles area with Leticia and their two other children, and that he had reason to believe the Castro family was now residing in Caldwell. Mr. Hall indicated that there was a prior history of child abuse, and pursuant to the Interstate Compact for Placement of Children, his agency was requesting that the Idaho Department of Health and Welfare assume protective supervision of Leticia while the family resided in Idaho.

After determining that the Castro family was residing at the Caldwell Labor Camp, initial contact was made with the family by Health and Welfare social workers Mr. Charles Fletcher and Mrs. Judy Burns, after which the case was assigned to Mr. Neher for continued supervision. During these visits, the social workers were of the opinion that the parents seemed to be adequately providing for the physical and emotional care of Leticia and their two other children.

On February 18, 1979, Leticia was taken by her mother to Caldwell Memorial Hospital because the child was suffering from a grand mal seizure. Upon initial outpatient examination by Dr. Richard Gerber at Caldwell Memorial Hospital, Leticia was found to have multiple bruises and contusions on the left side of her back from her shoulder to her waist, severe bruises on the inside of her legs, and major bruises on her forehead. During his examination of Leticia, Dr. Gerber also observed that the child had sustained bruising in the labia, vaginal and rectal areas, and had an unusually wide vaginal gapping for a four year old child. Due to the severity of Leticia's injuries and seizure activities, she was transferred from Caldwell Memorial Hospital to St. Alphonsus Hospital in Boise and from there to the pediatric ward of St. Luke's Hospital in Boise.

Leticia was discharged from St. Luke's Hospital on February 22, 1979. On that date the Department of Health and Welfare filed a petition for custody and a hearing in connection therewith under the Idaho Child Protective Act, I.C. § 16-1601, et seq., and Leticia was placed in a foster home. Subsequently, the instant petition for termination was filed.

The petition came on for hearing in the Magistrate Division of the Third Judicial District on March 26, 1979. The record from the hearing discloses the following additional facts pertinent to this appeal.

The examining physician at Caldwell Memorial Hospital, Dr. Gerber, testified that during his initial outpatient examination of Leticia, he observed multiple bruises and contusions over her body. In his opinion, the injuries sustained were much more severe than could be expected from occasional episodes of the child falling down, and were likely produced from some "animate" source, i. e., human. The State also introduced into evidence photographs taken of Leticia while she was being treated at Caldwell Memorial Hospital. The photographs were introduced for the purpose of confirming Dr. Gerber's testimony, and depict graphically the extent and gravity of the injuries Leticia had sustained.

Mr. Castro's sister, Tomasa, testified as to several incidents in which the mother struck Leticia in California. Tomasa stated that her brother was present when she had personally observed his wife hitting the child, and although he seemed concerned that the child was being abused, he did nothing to stop it. She also testified that although she had asked her brother to do something about his wife's abuse of Leticia, he undertook no affirmative action to prevent the abuse of the child.

Further testimony was offered at the hearing from Canyon County Deputy Sheriff Victor Rodriguez. Deputy Rodriguez interviewed Mr. Castro twice during his investigation of the circumstances surrounding the injuries sustained by Leticia. During the first interview Mr. Castro declined to offer any information concerning the cause of Leticia's injuries. However, Deputy Rodriguez testified that in the subsequent interview, after confronting Mr. Castro with the photographs taken at Caldwell Memorial Hospital, Mr. Castro admitted to him that the multiple bruises on Leticia's back were a result of the child being struck with a belt by her mother, and that the bruises on the child's legs were the result of his picking her up. Deputy Rodriguez further testified that Mr. Castro could only speculate as to the origin of the other injuries sustained by Leticia.

Finally, Mrs. Betty Taylor and Mr. Pete Reyes also testified at the hearing. Upon being discharged from St. Luke's Hospital, Leticia was initially placed in the foster care of Mrs. Taylor. Mrs. Taylor testified that Leticia was very aggressive and even perhaps abusive toward younger children. She further testified that at night Leticia was restless and would cry out in her sleep "no mommy, no mommy." Leticia was subsequently placed in the foster care of Mr. and Mrs. Pete Reyes. Mr. Reyes testified that, as in Mrs. Taylor's home, Leticia would cry out while sleeping "no mommy, no more mommy, don't hit me no more mommy." Furthermore, Mr. Reyes testified that the child would hide and cower in the bathroom, and upon being found, would ask if the Reyes were going to hit her. Mr. Reyes also noted that Leticia would undress the dolls she played with and then hit them repeatedly.

After the conclusion of the hearing, on March 26, 1979, the presiding magistrate made a number of factual findings. Among others, the magistrate found:

"5. That the natural mother, Vicenta Castro, slapped the head of the minor child in the State of California approximately two years prior to the date of this hearing. That the said child had surgery on the head area approximately five months prior to when the mother struck the child. That as a result of said abuse, the child was placed in a foster home in the State of California for a period of approximately one year.

6. That on or about the 18th day of February, 1979, the parents, Jose and Vicenta Castro caused and or allowed to be caused, serious physical injury to the body of Leticia Castro including injury to the left flank, lower back, inside of legs, rectal area and labia of said Leticia Castro. That said child was hospitalized as a result of...