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In re J.G.A.3/1/2005
Respondent is the mother of two children, J.G.A. who was born in November of 1999 to her and her husband Mr. Apgar (Apgar), and E.M.P. who was born in November of 2001 to her and her boyfriend Mr. Pease (Pease). Respondent, J.G.A. and Apgar lived together for less than one year before respondent took J.G.A. and moved to North Carolina to live with Pease, where she subsequently gave birth to E.M.P.
In May of 2001, while at home alone with Pease, J.G.A. suffered a spinal cord injury resulting in hospitalization and extensive and prolonged rehabilitation. Respondent testified thatshe believed Pease was too rough with J.G.A. In an interview with a social worker on 9 May 2002, respondent admitted that she suspected that Pease caused J.G.A.'s injury while imitating wrestling moves, and that he continued to do so even after J.G.A.'s injury.
Respondent also admitted that she had concerns about Pease's care of E.M.P. She told the social worker that Pease would yell and scream at the infant, and that she saw him on several occasions pick up E.M.P. swiftly causing her head to snap back. She also told the social worker that Pease would "jiggle" the baby in an attempt to get her to stop crying, that Pease had a bad temper, and that he would throw things, slam doors, and scream and holler at both her and the children.
A family friend and co-worker of respondent's told the social worker that Pease had once called respondent while he was taking care of the children yelling and screaming and threatening to kill himself, but that respondent would not call the police. Interviews with a couple that rented a room in Pease's home indicated that when E.M.P. was crying Pease would pick her up and take her into his room and shut the door. The couple indicated that they could tell by the sound of the infant's crying that she was being shaken by Pease. They also confirmed respondent's reports of Pease's harsh way of picking up E.M.P. and putting her down. At the permanency hearing respondent denied ever knowing that Pease shook E.M.P. On 8 May 2002 E.M.P. was taken to the emergency room because she was pale and lethargic and having difficulty breathing. She had been in the sole care of Pease when the symptoms occurred. E.M.P. was diagnosed with shaken baby syndrome, and was bleeding in the eyes and brain. Fresh bruises on the back of her head over previous fractures suggested that E.M.P. had been shaken on more than one occasion. At seven months she was functioning at a three month level. In September of 2002 a shunt was placed in her head to release fluid from around her brain, and she was found to be legally blind in her right eye. At sixteen months (the time of the hearing in issue), E.M.P. was unable to talk, crawl, or sit unaided. She was unable to digest solid food, and it took an hour and a half to feed her. E.M.P. is permanently brain damaged, and will never lead a normal life.
Granville County Social Services filed a petition against both respondent and Pease alleging abuse and neglect on 9 May 2002, and took both children into non-secure custody. Pease was arrested and charged with felony child abuse inflicting serious injury, and was in jail awaiting trial at the time of the disposition hearing before Judge Lloyd. Respondent signed a family services plan in which she agreed to complete a full psychological evaluation and comply with any recommended treatment. The evaluation was conducted, and respondent was told to attend individual therapy that would enable her to make appropriate choices in her relationships. Respondent began counseling in June of 2002. The therapist concluded that respondent had a pattern of involvementwith abusive men. Respondent attended four sessions, t
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