Matter of Kaiden W. (Phalyn W.)
ACS Establishes Child's Injuries, Risk of More Serious Injury Rose to Level of Abuse by Mother
June 17, 2017 at 12:00 AM
3 minute read
Judge Sarah Cooper
Administration for Children's Services filed a petition against Phayln W. alleging she abused her son Kaiden W. It was alleged Kaiden presented at a hospital in septic shock with severe burns to his lower extremities and hand that appeared to be several days old. It was alleged Phayln failed to provide an adequate explanation for the injuries consistent with his injuries. Phalyn at first claimed Kaiden spilled hot water from a pot on the stove on himself, then hot oil from a pot, and finally admitted she lied, and informed an ACS child protection specialist that she gave him a bath, and noticed Kaiden's skin starting to peel on his hand, but did not believe the water was that hot. The court found ACS established a prima facie case of abuse through credible testimony of the specialist, and expert testimony from Dr. Gallagher who claimed Phayln's explanation of the burns was not consistent with the injuries. Gallagher indicated if Phayln waited another day to seek medical treatment Kaiden would have died from septic shock. It concluded ACS met its burden that Kaiden's injuries would not have happened but for acts or omissions of mother, and the injuries, and risk of more serious injury, rose to the level of abuse.
Judge Sarah Cooper
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