With many years of experience defending persons charged with child neglect and abuse, Michigan CPS attorneys know how damaging these accusations can be to a parent or guardian’s life. Besides a possible termination of parental rights, one could face incarceration and heavy fines–not to mention the permanent social stigma associated with child abuse & neglect crimes. Because of this, child abuse attorneys take great care to not only present the best defense possible, but also choose their words wisely.
A perfect example of this is shown in a recent child abuse case involving a Michigan mother who is accused of “exaggerating, fabricating, and/or inducing” illness in one of her two children, who is under the age of five. Generally, a child abuse attorney would immediately state that the defendant was suffering from Munchausen Syndrome by Proxy, a disease where a parent or guardian intentionally produces symptoms of illness in another person to gain sympathy or attention. However, during the first trial session, prosecuting attorneys objected to using the scientific term in court, as it opens the doors allowing additional testimony to be presented. Family Court Judge Jack Arnold agreed, and instead chose the term “possible medical child abuse” to be considered by the jury.
Following an investigation extending over a year, Alma mother Katie Hendrick lost custody of her two children, aged six and eight. Between the ages of 11 months to five years-old, Hendrick’s daughter was hospitalized sometimes two to three times a month, undergoing several procedures and treatments. However, while one would expect that this little girl was very sick, she has very manageable health impairments–asthma, a small hearing problem, and narrowed bronchial tubes. As none of these ailments required the excessive hospitalization and medical treatment that the girl endured, a child abuse medical team at the University of Michigan hospital determined that Hendrick was medically abusing her child.
The child has not been hospitalized since leaving her mother’s care, so the battle against these charges will be difficult for Katie Hendrick–especially because the defense is not permitted to use the phrase “Munchausen Syndrome by Proxy” in court. Although this is a medically recognized disease, this case is currently not a criminal one. Although a criminal investigation is ongoing, this case is currently being presented in family court, debating whether Hendrick should regain custody of her children.
The Michigan child abuse attorney representing Hendrick maintains that her client was simply following doctor’s orders taking her daughter to requested examinations and tests. “No one’s happier that (the child’s) health is better than her mom,” Hendrick’s defense attorney stated. “She never asked for treatment. She followed doctor’s orders, she never initiated anything on her own.”
As this case progresses, Michigan child abuse & neglect attorneys will be watching to see whether this case stays in Family Court, or if it becomes a criminal one as well. If it does, it is likely that the term “Munchausen Syndrome by Proxy” will be difficult to avoid. It will certainly be interesting to see whether the judge presiding over a Criminal Court will allow the term to be used, or whether he or she will agree with the Family Court–this case could affect many parents or guardians accused of child abuse across the state!
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