Preview:

IN THE MATTER OF: S.W. NO. COA07-707 Filed: 4 December 2007

Child Abuse and Neglect--broken ribs in infant--failure to seek medical attention The trial court did not err by finding that an infant was abused and neglected where he was taken to the hospital with a fever and chest congestion, found to have broken ribs between three and eight weeks old, and the parents contended that they did not know how the injury had happened. The parents were the primary caretakers, and there was an undisputed finding that the injury would have caused the child to cry. Even if they did not inflict the wounds, the parents either did not notice or ignored the injury, and the failure to obtain medical care constitutes neglect. Although no treatment was given even after the wounds were discovered midway through the healing process, broken bones in a baby four months old are certainly a serious injury requiring medical attention. N.C.G.S. 7B-101(15). Appeal by respondents from an order entered 27 March 2007 by Judge Amber Davis in Dare County District Court. Court of Appeals 14 November 2007. Sharp, Michael, Outten & Graham L.L.P., by Steven D. Michael, for petitioner-appellee Dare County Department of Social Services. Parker Poe Adams & Bernstein LLP, by John J. Butler, for appellee Guardian ad Litem. Betsy J. Wolfenden for respondent-appellant mother. Richard Croutharmel for respondent-appellant father. HUNTER, Judge. Both parents of S.W. appeal from an order adjudicating him abused and neglected. parents. S.W. was born in July 2006. On 11 November 2006, S.W. was After careful review, we affirm as to both Heard in the

brought to the Outer Banks Hospital by his parents ("respondents"). There he presented with a high fever and symptoms of chest

-2congestion. Chest x-rays showed that four of S.W.'s ribs, three on one side and one on the other, had been fractured and were in the process of healing; all four injuries were at least three weeks and possibly as much as eight weeks old. The ribs on each side were at

different stages in the healing process, suggesting that the injuries were sustained during two different incidents. The

parents told the treating physician that they did not know how S.W. had received these injuries. On 13 November 2006, Child Protective Services removed S.W. from his parents' care. Since that time, he has been in the care

of three different foster families, during which time he has been treated several times by doctors for a virus common in infants and an ear infection, but has presented no bruises or injuries. After conducting a two-day adjudication and disposition

hearing, the court adjudicated S.W. abused and neglected on 28 February 2007. On 27 March 2007, the court reduced to writing its

order that the Dare County Department of Social Services ("DSS") have legal custody over S.W. Both parents appeal from this order.

The adjudication of S.W. as abused and neglected is the first step in the termination of parental rights. burden is on the petitioner to provide In this stage, the "clear, cogent, and

convincing evidence" that the named grounds in N.C. Gen. Stat.

Download 070707-1.pdf

South Carolina Law