M.T.T., In Interest of, 92-2648

• Decision Date: 08 February 1993
• Docket Number: No. 92-2648,92-2648
• Citation: 613 So.2d 575
• Court: Florida District Court of Appeals
• Parties: 18 Fla. L. Week. D498 In the Interest of M.T.T., a child.

Page 575

613 So.2d 575

18 Fla. L. Week. D498

In the Interest of M.T.T., a child.

No. 92-2648.

District Court of Appeal of Florida First District.

Feb. 8, 1993.

Kenneth N. Scaff, Jr., Jasper, for appellants.

Douglas M. Miller, Child Welfare Legal Services, Lake City, for appellee Dept. of Health and Rehabilitative Services.

Mary Ann Shepard, Guardian ad Litem Program, Lake City, for appellee Guardian Ad Litem.

PER CURIAM.

This is an appeal of the trial court's order of disposition adopting its prior order adjudicating appellants' child, M.T.T., dependent, based on clear and convincing evidence of egregious prospective abuse. The trial court recommitted the child to the temporary custody of her paternal grandparents under the supervision of the Department of Health and Rehabilitative Services (HRS), and ordered HRS to initiate termination of parental rights proceedings. We affirm.

On the morning of January 28, 1992, M.T., appellants' 2 1/2 year old daughter was pronounced dead some time after 4:00 a.m., upon arrival at Lake Shore Hospital. On February 4, 1992, 4 year old M.T.T. was removed from her parents' custody because of the drug overdose death of her sister M.T. and her mother's past mental history, ¹ and placed into protective custody by HRS.

An adjudicatory hearing was held on April 14, 1992, at which time the parents were represented by counsel. Dr. Peter Lipkovic, the medical examiner, testified that he performed an autopsy on January 28, 1992. He determined that the child died from the ingestion of an egregious level of Fioricet ² and a toxic level of diazepam (Valium).

According to Art Picklo, Criminal Investigator for the Columbia County Sheriff's office, the parents told him that they picked the children up from a baby sitter at 5:10 p.m. on the night of January 27, 1992. The record gives no indication that the child was ill at that time. The parents reported that the child ate dinner at approximately 6:00 p.m. Picklo further testified that the parents claimed to have attempted to administer a prescribed antibiotic, Pediazole, at 9:30 p.m. This proved difficult as the child was fast asleep and would not wake up. At approximately 10:30 p.m. the parents checked on the child again. The husband again attempted to wake the child--in the words of Picklo he "slapped her" and "shook her in an attempt to wake her up," but she would not wake up. The husband then checked the child's eyes with a flashlight. The pupils reacted "slightly" to the light. The parents did not seek medical assistance until 4:00 a.m., although the mother wanted to call for help at 10:30 p.m., according to Picklo.

Picklo said that the parents could not offer any explanation of how the deceased child could have obtained the ingested drugs, but that the mother later admitted to stealing Valium from her place of employment. The mother then produced a bottle of Fioricet from her purse. The Fioricet was a medication prescribed for the mother. Picklo also stated that during the investigation, the father flushed medication down the toilet despite contrary instructions of law enforcement personnel.

Dr. Lipkovic testified that based on the undigested food in the stomach and level of drug overdose, if the child had dinner at 6:00 p.m. she would have been in a coma or dead by 10:00 p.m....