Wednesday, August 3, 2022

MALTREATMENT DETERMINATION - ANOTHER BATTLE

Since Amy's body was found by her son and Steve was charged with her murder, his parental rights were terminated by the State on the grounds of maltreatment which is defined as, "The infliction of bodily harm to a child or neglect of a child which demonstrates a grossly inadequate ability to provide minimally adequate parental care." 

"Accidental" trauma, however, is different, and cannot be prevented by a parent. In his response to the State, Steve demonstrated that the abuse was alleged on the assumption that he knew his wife was dead when he allowed their son to go into the house and find her. In fact, the preponderance of evidence pointed to Amy dying after he left the house. 











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