IN RE: Lucas R. (2012)

MEMORANDUM OF DECISION

The Department of Children and Families (hereinafter DCF) seeks an Order of Temporary Custody of Lucas and Annabella, alleging that Mother “inflicted actual physical injury on Lucas on or about February 22, 2012,” and that she also “engages in ongoing physical abuse of both Lucas and Annabella.”

DCF offers photographic evidence that establishes that Lucas attended school displaying injuries to his face appearing to be scrapes stemming from the left side of his mouth and the left side of his eye.  (Exhibits B and C.) DCF alleges that the cause of these injuries in Mother's “ongoing use of a black spatula to inflict physical abuse on the Children.”   The pictures provide compelling evidence of scrapes emanating from Lucas' left eye and mouth.   All parties agree that Mother uses a spatula as her mode of controlling the behavior of both Children.   DCF did not offer meaningful evidence of such discipline to Annabella.   The Court is persuaded that Mother does use her spatula as her instrument of punishment and believes that use of any such instrument of punishment is not appropriate.

TESTIMONY

The Court heard extensive testimony of problems that Mother had experienced from the time of Lucas' birth and gained a broad understanding of the ongoing family dynamic.   DCF social worker, Stephanie A. testified extensively about DCF's long history with Mother and Lucas.   Mother's history with DCF started as a child and consists of a lot of bad choices.   She was a Mother as a teen and was unable to provide her children with appropriate care, resulting in termination of her parental rights.

In later years DCF has been appropriately concerned about Mother's ability to control Lucas and her history of alleged inappropriate punishment.   DCF restored custody of Lucas to Mother in 2009.   Subsequently Annabella was born.   The family sustained without significant incident until recent events that precipitated DCF's decision to seek an Order of Temporary Custody, an adjudication of neglect, and termination of Mother's parental rights to both children.   Herein, the Court addresses only the requested Order of Temporary Custody.

The testimony and exhibits establish that Lucas is not an easy child.   He suffered a series of bumps and bruises while at school when Mother was not present.   The Court heard the testimony of the school nurse, DCF, and a series of other school officials who confirmed that he was a very active child.   The nurse confirmed that she was not concerned that Mother was responsible for those incidents.   However, the evidence that Mother used a black spatula as her primary tool of punishment was clearly established.

Mother offered the testimony of a series of witnesses including school officials and family health-providers that they had no independent reason to believe that Mother was abusing the Children or that Children were at risk.

DECISION

The Court finds that DCF has proven by a fair preponderance of the evidence that Mother inflicted actual physical injury on Lucas by striking him with a black spatula on the left side of his face causing visible injury near his eye and mouth on or about February 22, 2012, and ORDERS that Lucas be placed with the Department of Children and Families under an ORDER OF TEMPORARY CUSTODY;  and

The Court finds that DCF failed to prove by a fair preponderance of the evidence that Mother has inflicted significant injury of any sort on Annabella or that there is any reason to believe that Mother will inflict such an injury on Annabella in the future and therefore denies the requested ORDER OF TEMPORARY CUSTODY requested by DCF with respect to Annabella.

Hon. Thayer Baldwin, Jr. J.T.R.

Baldwin, Thayer, J.