In re Lucas D.
| Decision Date | 12 April 2022 |
| Docket Number | 2020-24-Appeal.,K 17-4435 |
| Citation | 272 A.3d 109 |
| Parties | IN RE LUCAS D. |
| Court | Rhode Island Supreme Court |
Dianne L. Leyden, Department of Children, Youth & Families, Laurel C. Ferrelli, Court Appointed Special Advocate, for Petitioner.
James S. Lawrence, Esq., Andrew J. McKay, Esq., for Respondent.
Present: Suttell, C.J., Goldberg, Robinson, and Long, JJ.
The respondent mother, Kaitlyn D., appeals with respect to an October 31, 2019 decree of the Family Court which terminated her parental rights to her son, Lucas D. She contends on appeal that "[t]he Trial Justice erred in deciding that [the Department of Children, Youth and Families (DCYF)] established by clear and convincing evidence that Kaitlyn [had] committed or allowed to be committed cruel and abusive conduct towards Lucas while in her care, and [was] unfit to parent Lucas."
For the reasons set forth in this opinion, we affirm the decree of the Family Court.
Lucas was born on June 21, 2017 to Kaitlyn and Anthony D. On the morning of September 3, 2017, Lucas was taken to the emergency department of Hasbro Children's Hospital due to "listlessness, low temperature, and fussiness." After an examination, it was determined that Lucas had bruises on his right arm, left neck, and abdomen. Following a head CT scan, it was also determined that Lucas had bilateral subdural hematomas.1 Lucas's parents could not provide an accident history explaining his injuries, and there was no evidence of an underlying medical condition to explain his injuries. Accordingly, in her Report of Examination created September 3, 2017, the doctor who examined Lucas concluded that his injuries were consistent with child abuse and "abusive head trauma." The doctor further stated that Lucas would be "at imminent risk for harm if returned to his previous home environment."
On September 3, 2017, Kaitlyn and Anthony were interviewed separately by the Coventry police. Anthony acknowledged that he sometimes became frustrated, although he said that that had not occurred the previous night; he added that, when he became frustrated, he would "kind of throw" Lucas into the "boppy lounger."2 He further stated that he could be "a little rough" when he rocked Lucas. He said that that morning he had been frustrated and had given Lucas a "really tight hug," which he described as being "pretty tight for an adult." He said that he had done that six or seven times out of frustration and that such a hug would "probably hurt some of the people [whom he knew]." He also described it as enough to make an adult "wince in pain," and he acknowledged it was "way [too] tight for an infant." He added that, prior to going to Hasbro, he had grabbed the Boppy lounger with Lucas in it and had swung him around. He described the action with the Boppy lounger as being similar to "driving a car" and "pretty quick[ ]." He added that he "wasn't trying to damage him." But he further added that it was "probably like getting hit by a car from the side * * *." Anthony stated that he did not remember shaking Lucas, but he said that it was "possible" because he "may have pulled him to [his] chest quick * * *." He added that he "kn[e]w it's bad * * *."
In her interview, Kaitlyn stated that "all [she] kn[e]w [was] that [Anthony] said he did not do anything" and that she "believe[d] him." Kaitlyn provided alternative explanations for Lucas's injuries. She stated, for example, that Lucas had sustained the head injuries from bouncing around in his stroller or when he hit his head on the morning of September 3; she added that the bruising could have been caused by his car seat.3 It was her statement that, if Anthony hurt Lucas, it was "without him even realizing it" or was a "complete accident." She stated that she had never been concerned about Lucas's safety when he was with Anthony.
On September 6, 2017, DCYF filed a petition alleging that: (1) Lucas's parents had "failed to provide said child with a minimum degree of care, supervision, or guardianship;" (2) Lucas was "without proper parental care and supervision;" (3) Lucas's parents had "inflicted or allowed to be inflicted upon the child, physical injury;" and (4) Lucas's parents "created or allowed to be created a substantial risk of physical injury to [Lucas]." A probable cause hearing ensued, and the trial justice found probable cause to remove Lucas from his parents’ care.
On November 6, 2017, DCYF filed a petition seeking to terminate the parental rights of Anthony and Kaitlyn on the grounds that they were unfit pursuant to G.L. 1956 §§ 15-7-7(a)(2)(ii), 15-7-7(a)(2)(v), and 15-7-7(a)(2)(vi).4
A trial took place over various dates from December 10, 2018 to March 28, 2019. We relate below only the salient aspects of what transpired at that lengthy trial.
Kaitlyn testified that, on September 3, 2017, at 5:00 a.m., her son Lucas woke up and wanted to be fed. She testified that both she and her husband, Anthony, "got up." She stated that she determined that Anthony "had it covered" and that therefore she put in ear plugs and went back to sleep. It was further her testimony that she next woke at 6:30 a.m. to the sound of Lucas crying loudly, as though he was in pain. She testified that she found Anthony changing Lucas on the changing pad in Lucas's room. She stated that Lucas's stomach was "gurgling" and that she therefore gave him Mylicon drops (which she also referred to as "gas drops"); she added that Lucas had "a lot of gastrointestinal issues and issues with formula * * *." She testified that Lucas then "pooped" and became "kind of lethargic."
Kaitlyn added that Lucas was whimpering. She further testified that he looked sweaty and slightly pale and that his temperature was around ninety-four degrees. She stated that she was concerned and decided to take him to Hasbro. It was her further testimony that she took a video of Lucas on her phone to show to the doctors "in case [Lucas] wasn't acting that way when [they] arrived at the hospital." After she recorded the video, which was entered as an exhibit at trial, she called the pediatrician's office; she added that a nurse from that office returned her call and agreed with her plan to take Lucas to Hasbro. It was Kaitlyn's testimony that she, Anthony, and Lucas arrived at Hasbro at 7:20 a.m.
Kaitlyn added that, on that morning, Lucas had hit his head on the dresser when he arched his back and his head then "slid off the changing pad * * *." She stated that Anthony grabbed Lucas "really quick" by both arms.5
Kaitlyn explained Lucas's injuries at trial when she testified that the bruising on Lucas's stomach resulted "from where the snooze alarm monitor was" and that the petechiae6 on his neck were from his car seat. It was her further testimony that she told doctors at Hasbro that the bruising on Lucas's arms resulted from Anthony grabbing him after he slipped off the changing pad or when they removed his clothing. She also testified that she told the doctors that Lucas's head injury must have happened on the bumpy stroller ride the day before7 or when he had hit his head on the dresser on the morning of September 3.
It was Kaitlyn's testimony that the doctors told her that Lucas's injuries were indicative of child abuse. She also testified that she had told Anthony to be " ‘more gentle’ " with Lucas, and she stated that he would shift the baby from arm to arm "just a little bit more animated than [she] would do." She added that she never saw Anthony act in a manner that made her uncomfortable with respect to Lucas.
It was Kaitlyn's testimony that the Coventry police did not tell her that Anthony had confessed "to anything" and that Anthony did not tell her that he had hugged Lucas so tightly that it would hurt an adult. She further testified that she never saw Anthony give Lucas a bear hug or swing him back and forth in the Boppy lounger. However, she did acknowledge that the police told her that Anthony may have said something to them that would explain how the injuries to Lucas were caused. She stated that she had a copy of Anthony's interview with the Coventry police, but she added that she had only "flipped through it" and did not "read it in full * * *." When asked why she had not read it, she replied that she did not know why; however, she added that she did read the police report. She further added that she saw only a ten-second clip of the video recording of Anthony's interview with the police while she was at the police station. However, she acknowledged later in her testimony that, after Anthony gave his statement to the police on September 3, she knew that he had admitted to having given Lucas a "bear hug" of the kind that might hurt an adult. She also acknowledged that she had read in the police report that Anthony swung Lucas around in his Boppy lounger.
Kaitlyn stated at trial that she and Anthony separated after he was arrested and arraigned for first-degree child abuse in September of 2017 and remained separated until the time when she was diagnosed with Ehlers Danlos Syndrome8 (EDS); she stated that Anthony moved back into the marital domicile in August or September of 2018. Kaitlyn added that "multiple doctors, very sought-after, very accomplished doctors" told her that Lucas had a fifty percent chance of having inherited the disease and that it could "cause all of the symptoms that Lucas had." However, she acknowledged that Lucas had not been diagnosed with EDS as of the date of her testimony. Moreover, when directly questioned, she could name only two doctors who she claimed had provided her with that information, and she testified that neither doctor had actually examined Lucas. She stated that they were the only two doctors with whom she had "personally had conversations," but she added that she had "researched online."
Kaitlyn testified that, as of the time of her testimony, she had filed for divorce from Anthony.9 She stated that she was "blindsided...
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