"No Contest" to Child Neglect

[Babyvett]

What is the name of your state? Michigan

Making a really long story short. Husband and I have a 2 month old son who is an extremly happy baby, weight on target, no signs of neglect or abuse. Developementally right on target. Last Wens my husband stood up after bouncing our son on his knee, went to put the baby into the carseat and the baby slipped out of his hands into the carseat. He fell a distance of about 2 1/2 foot and his arm hit the handle of the seat. Husband didnt tell me up front that he had dropped baby but noticed our son's arm didnt seem right. We took him to the ER within 20 minutes of the incident and found out that his arm was broken. CPS was called, and a very intimidating indivudual came in and started accusing us of smaking the baby across the wall or some other form of "blunt force trauma". ER doctors report says that break was obviously caused by accident. State police said it was apparent no criminal act had occured and closed the case. CPS however filed a motion to remove both my 2 month old and my 7 year old from the home, stating that they were in "iminent danger" in the household. We were ordered to bring our son to a CT scan, which we did, and that came back negative for any head trauma. We were told that if we agreed to the CT scan, they would drop trying to take my children away, however when we got back to court, they continued with their motion to take the children from my home. IN order to get CPS to drop the motion, they said my husband and I would have to plead "no contest" in front of the judge. My understanding was that I was pleading that I admitted that the child could not have broken his own arm by himself, which I do not disagree with since my husband dropping him was the cause of the break (proven by medical evidence). I also agreed that CPS could come into our home at any time they wanted until the disposition hearing Jan 4th, as well as 28 days of intense home therapy with a crisis service here in Michigan. Crisis services have come out ot our home 5 times now and the only faults they can find in our home is 1.) no fire estinguisher 2.) no first aid kit and 3.) we do not leave child with a sitter and have couple time alone without the baby . Crisis services assure us that we have a good case and that they forsee everything ending following the disposition on the 4th.

However, I am not confused as to the "no Contest" plea. Originally I believed I was saying we were not guilty of abusing our son, only that my husband accidentally dropping him lead to the injury. Im now reading online that a "no contest" plea is as bad as being found guilty and that I would no longer be able to have certian rights. I work in the medical field around children daily and having a child abuse badge around my neck could cause me to lose my job. My husband is also about to join the military and now we are worried that this might have some affect on that. My lawyer is the one who told us to plead the "no contest" and he failed to tell us exactly what we were doing, only that it was "in our best intrest". I feel like I've been snowed. Any advice would be helpful. Thank you ahead of time.

 

[LdiJ]

The only thing that I am willing to suggest is that you might consult with another attorney.

 

[Magpie02]

Was the broken arm a spiral fracture?

 

[Babyvett]

yes, the break was reported in ER as a spiral fx of the rt humerus.

 

[CdwJava]

A spiral fracture to the humerus is not likely to have occurred in a fall. THAT is why CPS is suspicious. I am surprised that the police are not looking in to the matter as well. Obviously, I am not a physician, but I have worked enough child abuse cases in the last 15 years to know that a spiral fracture of the humerus is likely in a fall only under some very specific circumstances - none of which were articulated in your post.

I'm not saying it did NOT happen that way, but I can certainly understand the skepticism of CPS.

You may want to consider a new attorney if you have not already plead to the matter.

- Carl

 

[ellencee]

A spiral fracture to the humerus is not likely to have occurred in a fall. THAT is why CPS is suspicious. I am surprised that the police are not looking in to the matter as well. Obviously, I am not a physician, but I have worked enough child abuse cases in the last 15 years to know that a spiral fracture of the humerus is likely in a fall only under some very specific circumstances - none of which were articulated in your post.

I'm not saying it did NOT happen that way, but I can certainly understand the skepticism of CPS.

You may want to consider a new attorney if you have not already plead to the matter.

- Carl

(reference text in bold) Oh, yes it is. A spiral fracture of the humerus could occur exactly as the OP described. When the baby fell, dad more likely than not, held on to the baby as best he could, which would have been by the arm (now, you know why you should catch a falling child/infant by his or her clothes). The resulting physics of a falling object's being held by a rigid support from above would yeild a twisting effect on the falling object.

Dad, who was energized by adrenaline, more likely than not, grabbed the infant's arm and yanked the arm upward, increasing the force of the torque on the infant's arm/humerus.

Injury caused by something other than as described by the OP would have resulted in additional physical evidence.

I wouldn't admit to such a serious crime, not even with a nolo pleading. I'd fight this all the way. Child abuse is a charge that will impact the future of this family and the husband's military career.

If I am wrong and child abuse did occur, it will happen again and dad and mom will pay a higher price than if they had admitted it at this point and received help.

Anyway, the injury is consistent with the OP's description of events and I strongly suggest she and her husband fight CPS with everything they can muster.

EC

 

[CJane]

(reference text in bold) Oh, yes it is. A spiral fracture of the humerus could occur exactly as the OP described. When the baby fell, dad more likely than not, held on to the baby as best he could, which would have been by the arm (now, you know why you should catch a falling child/infant by his or her clothes). The resulting physics of a falling object's being held by a rigid support from above would yeild a twisting effect on the falling object.

SNIPPED

Anyway, the injury is consistent with the OP's description of events and I strongly suggest she and her husband fight CPS with everything they can muster.

EC

Except THAT isn't what OP described AT ALL.

This is what OP said re: the incident:

my husband stood up after bouncing our son on his knee, went to put the baby into the carseat and the baby slipped out of his hands into the carseat. He fell a distance of about 2 1/2 foot and his arm hit the handle of the seat. Husband didnt tell me up front that he had dropped baby but noticed our son's arm didnt seem right. We took him to the ER within 20 minutes of the incident and found out that his arm was broken.

This is from here: http://www.childabusemd.com/appendices/appendix-F.shtml

Spiral

Fracture line curves around a portion of the bone Indirect twisting or torsion forces to the bone

[b/]May be associated with abusive injuries primarily in infants and young toddlers.

Seen with accidental injury in ambulatory children with a history of twisting injury. [/b]

And from here: http://www.learningradiology.com/notes/bonenotes/childabusepage.htm

Skeletal Trauma Suspicious for Child Abuse

Distal Femur, distal humerus, wrist, ankle - Metaphyseal corner fractures

Multiple Fractures in different stages of healing

Femur, humerus, tibia - Spiral fractures < 1 year of age

 

[ellencee]

Except THAT isn't what OP described AT ALL.

This is what OP said re: the incident:



This is from here: http://www.childabusemd.com/appendices/appendix-F.shtml


And from here: http://www.learningradiology.com/notes/bonenotes/childabusepage.htm

Perhaps you should read what I wrote exactly as I wrote it and perhaps you should think through the scenario and the resulting injury.

By the way, your stuffing's on fire.

EC

 

[BelizeBreeze]

What is the name of your state? Michigan

Making a really long story short. Husband and I have a 2 month old son who is an extremly happy baby, weight on target, no signs of neglect or abuse. Developementally right on target. Last Wens my husband stood up after bouncing our son on his knee, went to put the baby into the carseat and the baby slipped out of his hands into the carseat. He fell a distance of about 2 1/2 foot and his arm hit the handle of the seat. Husband didnt tell me up front that he had dropped baby but noticed our son's arm didnt seem right. We took him to the ER within 20 minutes of the incident and found out that his arm was broken. CPS was called, and a very intimidating indivudual came in and started accusing us of smaking the baby across the wall or some other form of "blunt force trauma". ER doctors report says that break was obviously caused by accident. State police said it was apparent no criminal act had occured and closed the case. CPS however filed a motion to remove both my 2 month old and my 7 year old from the home, stating that they were in "iminent danger" in the household. We were ordered to bring our son to a CT scan, which we did, and that came back negative for any head trauma. We were told that if we agreed to the CT scan, they would drop trying to take my children away, however when we got back to court, they continued with their motion to take the children from my home. IN order to get CPS to drop the motion, they said my husband and I would have to plead "no contest" in front of the judge. My understanding was that I was pleading that I admitted that the child could not have broken his own arm by himself, which I do not disagree with since my husband dropping him was the cause of the break (proven by medical evidence). I also agreed that CPS could come into our home at any time they wanted until the disposition hearing Jan 4th, as well as 28 days of intense home therapy with a crisis service here in Michigan. Crisis services have come out ot our home 5 times now and the only faults they can find in our home is 1.) no fire estinguisher 2.) no first aid kit and 3.) we do not leave child with a sitter and have couple time alone without the baby . Crisis services assure us that we have a good case and that they forsee everything ending following the disposition on the 4th.

Do you have an attorney? If not, it's time. Also, all of these reports alleging no abuse has occurred. Do you (or your attorney) have copies and have the writers been subpoenaed?

However, I am not confused as to the "no Contest" plea. Originally I believed I was saying we were not guilty of abusing our son, only that my husband accidentally dropping him lead to the injury. Im now reading online that a "no contest" plea is as bad as being found guilty and that I would no longer be able to have certian rights. I work in the medical field around children daily and having a child abuse badge around my neck could cause me to lose my job. My husband is also about to join the military and now we are worried that this might have some affect on that. My lawyer is the one who told us to plead the "no contest" and he failed to tell us exactly what we were doing, only that it was "in our best intrest". I feel like I've been snowed. Any advice would be helpful. Thank you ahead of time.

DO NOT Plea to anyting if you are truely not guilty. That is what YOUR attorney should be advising you.

The fact that the child received injuries and that subsequent actions were taken is required by law. My actions, were you sitting in my office, would be to write a demand letter to the CPS director of services and the specific representative requiring them to drop all charges per their own agreements or face a countersuit for malicious prosecution.

If you do not have an attorney, GO GET ONE!

 

[CJane]

Perhaps you should read what I wrote exactly as I wrote it and perhaps you should think through the scenario and the resulting injury.

By the way, your stuffing's on fire.

EC

YOu started out with this:

A spiral fracture of the humerus could occur exactly as the OP described

And I'm disagreeing with you quite strongly. In fact, YOU don't even agree that it could happen EXACTLY as the OP described because you went on to add a whole bunch of stuff that is COUNTER to what OP described in order to make your point that it COULD have happened.

OP stated that the child was OUT OF THE FATHER'S HANDS and that the child HIT HIS ARM ON THE HANDLE OF THE CAR SEAT.

Nowhere did OP state that there was grabbing of the arm, twisting of the arm, extreme force from Adreneline or anything else except the baby FALLING a distance of a couple of feet and landing in the car seat and BANGING HIS ARM. Such a scenario does NOT make it likely that a spiral fracture occurred.

I agree that OP should be fighting this if she's 100% CERTAIN that the injury was a result of an accident, but if it happened EXACTLY AS OP DESCRIBED then it's highly suspect and the investigation SHOULD take place as it has.

 

[CdwJava]

Oh, yes it is. A spiral fracture of the humerus could occur exactly as the OP described.

As I wrote, it COULD have occurred that way under certain circumstances but nothing in the text indicated that the circumstances which you describe occurred at all. It is conjecture. Hence, the reason that CPS is wary.

The twist necessary for a spiral fracture to a humerus is very little - some 6% as I understand it - but it is still necessary. A FALL is not generally going to provide sufficient torque to create a spiral fracture.

As I said, it is possible under specific circumstances. What you articulate would be circumstances that would explain it. Absent this explanation, the injury IS suspicious and would warrant an investigation.

- Carl

 

[CJane]

As I wrote, it COULD have occurred that way under certain circumstances but nothing in the text indicated that the circumstances which you describe occurred at all. It is conjecture. Hence, the reason that CPS is wary.

The twist necessary for a spiral fracture to a humerus is very little - some 6% as I understand it - but it is still necessary. A FALL is not generally going to provide sufficient torque to create a spiral fracture.

As I said, it is possible under specific circumstances. What you articulate would be circumstances that would explain it. Absent this explanation, the injury IS suspicious and would warrant an investigation.

- Carl

Careful Carl, you'll get accused of not being able to read or comprehend a post.