SJC rules vegetative-state child in custody of DSS can be allowed to die

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Massachusetts' highest court, the Supreme Judicial Court (SJC), rules vegetative-state child in custody of DSS can be allowed to "pass away with dignity" against the wishes of her (non-biological) step-father who (together w/ the deceased adoptive mother) is alleged to have beat the child. For those who wish to read the SJC case, it can be read here (Westlaw text). (Please note that in state intervention cases, the name of the child is given a pseudonym by the court due to legal privacy issues in civil juvenile proceedings. Here, her court pseudonym is "Sharlene." On the other hand, the news media has actually named the victim.)


"SJC says life support can end for alleged beating victim, 11"
Front page, Boston Globe, Wednesday, January 18, 2006
(I have stricken-out headlines and headline lead story which is another case)

This is an important legal case for Massachusetts. As an attorney who is often involved in such "state intervention" cases representing children, I find it impactful that our highest court has dealt with such an highly emotionally charged situation in a rational manner applying relevant law not religion, unlike Florida's Terri Schiavo case which was a strident political and emotional and legal debacle pushing religious beliefs into our laws. Out of this child's tragic life and death emerges the right-to-die-with-dignity applicable to children in state custody in Massachusetts despite the contrary wishes of (non-biological) step-father. When the time comes, may you rest in peace, Haleigh Poutre (aka "Sharlene").

For a further overview of this situation as reported by the Boston Globe in this front page story, here's the url: http://www.boston.com/news/local/massachusetts/articles/2006/01/18/sjc_says_life_support_can_end_for_alleged_beating_victim_11/
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1. New twist to this tragic story (reports Boston Globe on its front page)

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(Front page, Boston Globe, Thursday, January 19, 2006)
Girl in vegetative state reported to improve
DSS says it has no plan to remove feeding tube
by Patricia Wen, Globe Staff, January 19, 2006

A day after the state's highest court ruled that the Department of Social Services could withdraw life support from a brain-damaged girl, the agency said yesterday that Haleigh Poutre might be emerging from her vegetative state.

DSS also said it has no immediate plans to remove her feeding tube.

"There has been a change in her condition," said a DSS spokeswoman, Denise Monteiro. "The vegetative state may not be a total vegetative state."

Monteiro said Haleigh is breathing on her own, without the ventilator she has depended on for four months. Monteiro also said that doctors at Baystate Medical Center in Springfield elicited responses from Haleigh during tests performed yesterday.

They will begin more medical tests today to determine her neurological activity. Further tests, Monteiro said, could show whether Haleigh is going to be "a miracle child."

. . . more at . . . http://www.boston.com/news/local/massachusetts/articles/2006/01/19/girl_in_vegetative_state_reported_to_improve?mode=PF
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This is a classic case of poor journalism. Why do I say that? Because it reports only and infers only statements from laypeople (non-medical professionals) at DSS who don't know what the hell they are talking about when it comes to the medical condition of this comatose (vegetative state) child at the time of this story, as well as to others who haven't a clue as to the child's medical condition. In other words, it's a news article about sensationalism merely for the sake of sensationalism. Why is the Boston Globe apparently attempting to make this into another Terri Schiavo case where religious rightwingers pushed, tragically, to add religion to law in Florida, the U.S. Congress, and the federal courts?

In effect, the Boston Globe seems to be adding to the tragedy of this child's short horrific life and potential death. Is this appropriate news reporting about the right-to-die-with-dignity issue? Why doesn't the Boston Globe WAIT UNTIL the medical professionals make their new medical diagnosis after new medical tests are concluded at which time a medical decision will be made whether to "remove her feeding tube?" Instead of rushing to be *first* with non-news? How stupid can it get?

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2. DSS indicates it will hire medical and ethical experts to further

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DSS indicates it will hire medical and ethical experts to further analyze Haleigh Poutre, a child who is in the legal custody of DSS and who the Massachusetts Supreme Judicial Court ruled is in a "persistent vegetative state" thereby authorizing life-support equipment be removed and authorizing a do not resuscitate (DNR); that is, a right-to-die-with-dignity:

During a press conference yesterday, Department of Social Services Commissioner Harry Spence
defended the agency's care of Haleigh Poutre. (Globe Staff Photo / Bill Greene)
(front page, Boston Globe, Saturday, January 21, 2006)

DSS to seek outside expertise in Haleigh case;
No plans to take girl off life support

by Patricia Wen, Globe Staff, January 21, 2006

"State Department of Social Services Commissioner Harry Spence said yesterday (Friday, January 20, 2006) that he plans to solicit outside expertise to help his (DSS state) agency sort out the complex medical and ethical issues around the fate of Haleigh Poutre.

'We would like to draw in additional medical input,' he said in an interview following an afternoon press conference at which he said that the agency no longer plans to take the brain-damaged 11-year-old (Haleigh Poutre) off life support.

Citing an order from Juvenile Court Judge James G. Collins, Spence said he was barred from discussing developments in Haleigh (Poutre)'s condition. On Wednesday (1/18/06), DSS officials said that Haleigh had improved significantly since last week, when the Westfield girl was taken off a ventilator and began to show increasing responsiveness.

Haleigh (Poutre), whose adoptive mother (Holli Strickland) and (non-biological) stepfather (Jason Strickland) are accused of beating her severely last year, has been in the pediatric intensive care unit at Baystate Medical Center in Springfield for more than four months in what doctors had deemed a 'persistent vegetative state.' "

. . . more at . . . http://www.boston.com/news/local/massachusetts/articles/2006/01/21/dss_to_seek_outside_expertise_in_haleigh_case?mode=PF
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Well. It's refreshing that Commissioner Spence has taken the DSS podium, since the usual spokesperson for DSS, Denise Monteiro, seemed to have failed. DSS is double-checking its present and future positions when obtaining further expert medical and ethical advice as well as keeping its mouth shut where it should in law. The Boston Globe, in this article, appears to be giving the non-biological step-father (Jason Strickland who is criminally charged w/ beating the child) too much weight and too much press space. So much so that the Boston Globe seemedly is advocating for the step-father's legal position?!

Meanwhile, medical professionals and DSS await the latest medical status of the child. All while speculation swirls about from Governor Romney, to a non-biological step-father who may be criminally charged with murder if the child dies, to so-called "news" reporting that cannot seem to center on relevant objective issues regarding the child, Haleigh Poutre. I dunno is it *better* to hear from neighbors in Haleigh's old neighborhood than from a Governor who knows as little? So goes "news" reporting of this tragedy. Sad.
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3. Added into the tragic fray are the politicians (front pg, BosSunGlobe)

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Added into this tragic fray are the state politicians . . . who may want to make political hay of this tragedy . . .

STATE LAWMAKERS WANT TO QUESTION DSS COMMISSIONER

Author: Michael Levenson, Globe Correspondent,
Date: Sunday, January 22, 2006
Page: A1 (FRONT PAGE, BOSTON SUNDAY GLOBE, u/ the fold)
Section: (continued in) Metro/Region (section B, page B7)

Several Beacon Hill lawmakers say they will summon Social Services Commissioner Harry Spence to explain the department's oversight of Haleigh Poutre, 11, who has been on life support since she was allegedly beaten by her (now deceased) adoptive mother (Holli Strickland) and (now criminally charged non-biological) stepfather (Jason Strickland).

(State l)awmakers want to question (DSS Commissioner) Spence about why he approved a decision by the Department of Social Services (DSS) last fall to seek court permission to remove the Westfield girl from life support. Last week, after the (Massachusetts) Supreme Judicial Court (SJC) ruled that life support could be withdrawn, the DSS disclosed that it had already seen hopeful signs that Haleigh might be emerging from her vegetative state. "We are crossing all kinds of legal and ethical issues here," (state) Representative Deborah D. Blumer said yesterday. "It really is very disturbing."

Blumer, a Framingham Democrat, said Haleigh's case points to longstanding problems in a (state) department (DSS) with a caseload of 40,000 children and nearly 10,000 in its custody. Blumer said the (Massachusetts House) Committee on Children and Families, of which she is a member, is concerned (DSS) is overburdened and prone to miss signs that children are being abused.

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Several lawmakers said they have confidence in (DSS Commissioner) Spence's leadership. "Commissioner Spence is one of the most sincere commissioners I've ever met," said Representative Marie J. Parente, a Milford Democrat and former foster child who chairs the (Massachusetts House) Foster Care Committee, an ad-hoc panel that has already requested a meeting with Spence. "He's absolutely a sincere man who is in a tough job and if we're going to ask people to be removed it's the frontline workers who made the decisions."

. . . snip . . .

No dates have been set for lawmakers' (committee) meetings with (DSS Commissioner) Spence. (State representative) Parente said lawmakers had not decided whether to open the (Massachusetts House Foster Care Committee) meetings to the public, but said they want to hold (DSS) accountable.

. . . more at . . . http://www.boston.com/news/local/massachusetts/articles/2006/01/22/state_lawmakers_want_to_question_dss_commissioner?mode=PF
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The sad and tragic life of Haleigh is now being tossed into the political fray of state politics.

It is difficult, at best, to know whether state politicians will merely hold committee meetings (hearings), pointing fingers at this or that state agency for dropping the ball, and then do nothing about it or next to nothing about as is the history regarding such past instances. All the while using the name of the current child-victim.

The bottom line in all, as we in the "system" know, is that the Department of Social Services (DSS) lacks money and personnel to appropriately oversee that which DSS is legally charged w/ fulfilling -- protection of children. Added to that mix is state appointed lawyers who are called upon to represent these indigent individuals in "state intervention" cases without adequate pay from the state to cover costs of such representation which has not been appropriately addressed by the state legislature. The legislature may attempt from time to time to re-arrange the deck chairs of the sinking ship, but to no avail. It's a poorly funded system waiting for tragedy, yet, again and again.

Here, particularly, it is hoped that state politicians will not sully their own religious beliefs by attempting to interject them into our state laws regarding the right-to-die-with-dignity, which could be fanned into another Terri Schiavo situation by unscrupulous lawmakers as was done in Florida and upon the floor of our federal Congress.
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