1972, February, Pg. 25. The Law and Rita.

• Author: by Doris Kal

1 Colo.Law. 25

Colorado Lawyer

1972.

1972, February, Pg. 25.

The Law and Rita

251972, February, Pg. 25The Law and Ritaby Doris KalThe following article is a composite case history which describes some of the problems relating to the battered child, and the author believes this description to be a fair representation of what often happens in these cases. All names, places and diagnoses have been changed in compiling the composite.Rita Jones may yet grow up, have children and raise them without the help she and her parents have needed from psychiatrists, social workers, and lawyers. She is one of the luckier of possibly millions of American children who each year suffer from abuse or neglect. Without help, the result of either may be murder.

Rita's case was handled by John Smith, an urban-area legal aid attorney. Her parents, Mary and Jim Jones, had separated and Mary came to Smith about a divorce. Soon after, Mary's mother filed a dependency and neglect petition naming Mary and Jim as respondents. The petition stated that Rita "lacks proper parental care through the actions or omissions of the parent, guardian or legal custodian." A hearing, closed to the public, was held in the chambers of the presiding Juvenile Court judge.

"I see by the sides people are sitting on," the judge notes, "that Mr. Jones---are you in support of your wife's mother's petition?"

Jones says he is, and the judge advises that he is entitled to his own lawyer, who can be provided through a bar association volunteer program if there is financial need.

"I just want the baby to have a good home," Jones says over and over.

After Jones, Mary, and her mother have been identified, others in the courtroom identify themselves; present are Mary's brother and two case workers---one from the Welfare Department Family Services and one affiliated with a psychiatric clinic.

"You understand," the judge tells the attorneys, "you are entitled to have a jury trial on this?"

They waive the right to a jury, and

26Mary's mother's attorney begins questioning his client. He asks when she took custody of Rita and under what circumstances.

"Two weeks ago this coming Wednesday," she testifies. "I had been going down once a week to make sure the baby was all right and say hello and whatnot. I found out from my son that my daughter had moved, and her social worker told me she was living with some people named Barnes and gave me the address.

"I went down to the Barnes residence, and I picked up the baby and took her home with me. She was a very, very sick baby. She had an infection and she could hardly breathe through her nose. And the next day at the hospital they went over her for strep and pneumonia, which they were afraid she had. I stayed up all night the night before and gave her medicine."

The judge enters into the examination, asking, "Where did you get the medicine?"

"It was given her from the hospital," she answers. "When she was very, very sick, she was rushed there; and it is on the police record and the ambulance record."

Mary's lawyer, John Smith, objects. "This reference to records---it is not responsive. If it is on such a record, let's have it on the record."

The other attorney argues that the hearing is informal, but the judge says that the court is bound by Rules of Civil Procedure and Juvenile Procedure, which have been set down by the Supreme Court.

"It is not an informal hearing such as it was years ago," the judge explains, "so we have to keep it the same as any other court."

Mary's mother continues, "I brought the baby...