IN THE MATTER OF:
CARTER, a minor child Wayne County
No. 2 J 142
E.B. Borden Parker for petitioner-appellee Wayne County
Department of Social Services.
Rebekah W. Davis for respondent-appellant.
BRYANT, Judge.
Pamela D. Hand (respondent) appeals an order entered 6 March
2003 terminating her parental rights over her son Khalil Jaquan
Carter (Khalil).
The history of this case is as follows: Khalil was born on 14
October 1999. In November 1999, Khalil was admitted to Pitt
Memorial Hospital with brain hemorrhaging, several fractures, and
seizures. It was determined that the injuries were not accidental
and that Khalil was a victim of child abuse. As a result of the
abuse, Khalil now has Reflux Cerebral Palsy and seizures, is
severely mentally retarded, has fluid on the brain, cannot swallow,
and therefore, requires a feeding tube. Khalil's father was
subsequently convicted of felony child abuse, and his parentalrights were terminated. The Wayne County Department of Social
Services (DSS) took custody of Khalil in December 1999 and placed
him in foster care. On 14 June 2000, nunc pro tunc 9 May 2000,
Khalil was adjudicated an abused and neglected juvenile and custody
was continued with DSS. By order dated 28 November 2000, Khalil
was returned to respondent's custody.
Sometime after custody of Khalil was returned to respondent,
she ceased cooperating with DSS. Even though respondent had been
ordered not to allow Khalil's father to have any contact with the
child, she refused to allow DSS into her home when the father's
presence was suspected. Khalil started losing weight, and
respondent did not want him to have medical procedures that were
recommended by the child's physicians. Accordingly, custody of
Khalil was returned to DSS, and within time, efforts to reunify
respondent and Khalil ceased. On 18 July 2002, DSS filed a
petition to terminate respondent's parental rights alleging
respondent had neglected Khalil and had failed to pay any support
for him while in DSS care.
Following a hearing on 13 and 27 February 2003, the trial
court entered an order on 6 March 2003 concluding that grounds
existed to terminate respondent's parental rights. The trial court
found that: (1) respondent did not properly care for Khalil and (2)
her failure to do so constituted neglect. The trial court further
found that while it was not convinced that Khalil was adoptable,
it was still in the child's best interests that respondent's
parental rights be terminated because respondent had demonstratedthat she will not provide the degree of care which promotes the
healthy and orderly physical and emotional well[-]being of the
juvenile.
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