GQA v. Harrison County Dept. of Human Services, 1999-CA-00617-SCT.

• Decision Date: 26 October 2000
• Docket Number: No. 1999-CA-00617-SCT.,1999-CA-00617-SCT.
• Citation: 771 So.2d 331
• Parties: G.Q.A. and R.S.A. v. HARRISON COUNTY DEPARTMENT OF HUMAN SERVICES, State of Mississippi, P.W.H. and S.A.H.
• Court: Mississippi Supreme Court

771 So.2d 331

G.Q.A. and R.S.A. v. HARRISON COUNTY DEPARTMENT OF HUMAN SERVICES, State of Mississippi, P.W.H. and S.A.H.

No. 1999-CA-00617-SCT.

Supreme Court of Mississippi.

October 26, 2000.

Carol L. Henderson, Gulfport, Psonya C. Wilson, Attorneys for Appellants.

Kaye J. Persons, Biloxi, Attorney for Appellees.

EN BANC.

DIAZ, Justice.

¶ 1. G.Q.A. and R.S.A. are the natural parents of A.N.A. A.N.A., along with her natural sibling J., and her half-siblings, K. and D., were removed from the custody of their natural parents after A.N.A. suffered severe burns over much of her middle and lower back. After her release from the hospital, A.N.A. was placed in the home of foster parents P.W.H. and S.A.H., who successfully petitioned the Harrison County Family Court for the termination of the parental rights of the natural parents. From that judgment, the natural parents bring this appeal.

STATEMENT OF THE FACTS

¶ 2. In July of 1993, A.N.A., an eighteen-month-old baby girl, was taken to Biloxi Regional Hospital by her parents to be treated for a severe burn. A.N.A. was transferred to the pediatric intensive care unit (PICU) at the University of South Alabama Medical Center in Mobile, Alabama. Her treating physician, Dr. Diana Lyn Davidson, testified to facts regarding A.N.A.'s medical condition and treatment. A.N.A. had a third-degree burn covering approximately 22% of her body concentrated on her lower back, buttocks, and the back of her legs. Because her parents waited an estimated seven to nine days before bringing her to the hospital seeking medical attention, A.N.A. developed a serious case of ecthyma gangrenosum. This bacterial infection caused abscesses to develop on her forehead, arms, legs and chest; areas unaffected by the initial burn.

¶ 3. Dr. Davidson testified that development of ecthyma gangrenosum in a burn victim is rare because the infection is normally prevented with a routine antibiotic treatment. In fact, Dr. Davidson found this case to be so unusual that she later wrote and presented a case study of A.N.A.'s treatment, explaining the procedures used to inject various antibiotics into the cleaned abscesses, an antiquated treatment by today's standards because of the availability of normal antibiotic care.

¶ 4. Dr. Davidson also testified that A.N.A. was severely malnourished, noting that A.N.A. had the height and weight of an eight month old, that she had hair loss, loose teeth, and swollen and bleeding gums. All of these maladies can be traced to malnourishment. Dr. Davidson further testified that A.N.A. had been malnourished for at least four of five months in order to affect her stature and weight to such a severe degree.

¶ 5. Because of the severity of the burn, A.N.A. developed fluid around her heart, causing cardiac problems secondary to the burn. Dr. Davidson did not expect A.N.A. to live through her injuries during her first few days of hospitalization. She remained in the PICU for almost a month and in the hospital for over two months. Although A.N.A. received initial treatment for the burn and subsequent infection, she continues to receive physical therapy to combat the lack of joint flexibility caused by the scarring of her wounds. Similar treatment will be necessary for the rest of her life. This is, of course, in addition to the skin grafting and extensive plastic surgery necessary to minimize the disfiguring nature of her wounds.

¶ 6. The natural mother, G.Q.A., testified that she accidentally burned A.N.A. while giving her a bath, refusing to acknowledge any intentional abuse. G.Q.A. explained that on the evening in question she undressed the baby, turned on the water, and placed the baby in the bathtub. She then went into the kitchen to get a cup to use to pour water over the baby while bathing her. She heard A.N.A. crying and returned to the bathroom to find the baby clutching the sides of the tub, as if she wanted to get out of the water. Thinking the baby simply wanted to avoid a bath, G.Q.A. attempted to hurriedly bathe A.N.A. She placed the cup under the faucet and poured the water onto the baby's lower back. When the baby screamed, G.Q.A. noticed that the water was too hot. She took A.N.A. into the bedroom and treated her with some burn ointment that she found in a first aid kit. While G.Q.A. admits that the burn appeared to be bad, she claims that she did not realize the severity of the burn. She claims that the baby could still crawl and that the wound appeared to be healing as evidenced by the thick scab that covered it. Even though A.N.A. developed a fever and sores on her body, G.Q.A. believed the baby was getting better.

¶ 7. In addition, G.Q.A. testified that she did not seek immediate medical treatment for the child because she feared that A.N.A. might be taken from her. G.Q.A., a native of Mexico, claimed that relatives in Florida told her that if anything happened to your children, the Department of Human Services would remove them and place them with other families. G.Q.A. did, however, testify that she called the hospital to inquire how to treat a burn and believed applying the burn ointment was sufficient treatment.

¶ 8. Regarding Dr. Davidson's testimony concerning A.N.A.'s malnourishment, G.Q.A. originally told investigators that A.N.A. did not have a sustained appetite. At trial, G.Q.A. introduced A.N.A.'s previous medical records to show that she was under the regular care of a pediatrician and exhibited consistent weight gain just two months prior to the burn. The physician who examined A.N.A. noted that she was underweight, but did not document or mention malnourishment. G.Q.A. testified that she told the physician that A.N.A. would eat excessively and then vomit. The physician suggested that she feed A.N.A. smaller amounts of food more frequently. G.Q.A. testified that when she told the investigators that A.N.A. did not have much of an appetite, she meant that A.N.A. could not digest enough of her food before regurgitation to provide genuine nourishment.

¶ 9. R.S.A., the natural father, alleged that he knew nothing of the child's burn until the day they took her to the hospital. He claimed his ignorance of the child's condition derived from the long hours he worked and the fact that he was not actively involved in caring for his children. Although both parents showed remorse over the child's condition, neither parent admitted any intentional abuse.

¶ 10. At the hearing to terminate the parental rights, Dr. Davidson was qualified and accepted as an expert in the fields of psychology and pediatric medicine. Dr. Davidson testified that it was her expert opinion that A.N.A.'s condition could not have resulted from circumstances other than intentional abuse. Dr. Davidson based her opinion on the fact that there was a sharp demarcation of the wound, a "textbook" sign of a child that had been dipped in scalding water. Also, there were no secondary splash burns indicative of an accidental immersion in water. She further testified that the physical evidence contradicted G.Q.A.'s testimony that A.N.A. was active and crawling after she was burned, but before receiving medical treatment. Dr. Davidson explained that burn wounds generally cause blood vessels to leak, leading the skin and underlying tissue to develop a puffy texture. A.N.A. had an accumulation of fluid in the middle posterior section of her body, indicating that she had been lying on her back for several days. A.N.A.'s hair loss on the back of her head provided further supplemental evidence of her immobility. Dr. Davidson concluded that A.N.A. would have been in excruciating pain and only able to move with great difficulty.

¶ 11. A.N.A.'s natural parents told Dr. Davidson upon A.N.A.'s admittance to the hospital that A.N.A. was mentally retarded. Dr. Davidson soon discovered that A.N.A. suffered from a neurological nerve condition called agenesis corpus callosum, not mental retardation. G.Q.A. explained that she was trying to tell the doctor about this condition and does not believe her child is mentally retarded. Initially, it was very difficult to communicate with A.N.A. on any level as she was essentially non-responsive. However, Dr. Davidson soon learned that A.N.A.'s lack of speech was merely the result of a language barrier. A.N.A. only spoke Spanish and was able to communicate through a translator. During her recovery, A.N.A. was able to walk and talk with no sign of mental retardation.

¶ 12. Dr. Davidson also testified that A.N.A.'s malnourishment was severe and easily detectable from her small size and swollen and bleeding gums, indicating chronic malnutrition, protein and vitamin deficiencies. Dr. Davidson's expert opinion was that A.N.A. was intentionally malnourished.

¶ 13. Based on Dr. Davidson's medical examination and expert opinion, the trial judge found that A.N.A. had been intentionally abused. He terminated the parental rights of G.Q.A. and R.S.A., finding that they were responsible for a series of abusive incidents, that they had failed to eliminate their behavior through meaningful counseling, and that there had been a substantial erosion of the parent/child relationship due in part to the parents' serious abuse, thus preventing A.N.A.'s return to the natural home. See Miss.Code Ann. § 95-15-103 (Supp.1999). The Family Court judge ordered A.N.A.'s current foster parents, P.W.H. and S.A.H., be given permanent custody of her. P.W.H. and S.A.H. have maintained continual custody of A.N.A. since her release from the hospital.

STANDARD OF REVIEW

¶ 14. This appears to be the first time that a case involving the termination of parental rights originating in Family Court has been reviewed by this Court. A Family Court judgment concerning termination of parental rights will be reviewed under the same standard as a Chancery Court judgment, which is clear and convincing evidence. See Miss.Code Ann. § 93-15-109 (Supp.1999). Therefore, we review this case under our...