Saturday, October 6, 2007

Still in Hell

The medical investigation is concluded. They've found no medical reason for the fractures (although we don't feel like they've looked particularly hard) and trauma/abuse is still the diagnosis. They want to discharge him tomorrow because the medical work is done, but he isn't allowed to go home with us because DCFS is still investigating. We have to use a "Safety Plan". At first he was going to have to go to someone else's home (since we have no family nearby, it would have to be a friend). I asked our caseworker if we could have a grandparent fly up to stay in our home to "supervise"- Landon is so young and none of my friends have children, so how could it be in his best interest to be somewhere new with someone who has no experience with taking care of a baby 24/7? (Not that my friends aren't amazing people for even offering.) So for now it looks like he will be discharged as long as someone is with him at all times when we're home, and DCFS and the police are still separately investigating. The DCFS worker didn't seem to be very "against" us, we're still alone with him in the hospital room and she agreed to the alternate Safety Plan, but a doctor must have really pushed the trauma diagnosis because she changed her demeanor somewhat after talking to them.

We've talked to a lawyer (two actually, thanks to the work of the amazing Citations) and we've asked about bone issues (OI and others), but the doctors don't seem very motivated to pursue that. We will obviously get a second opinion as soon as possible. It's so frustrating to be seen primarily as suspects rather than concerned parents- our son has six unexplained fractures in his ribs, that's scary enough.

I just don't see how the DCFS investigation can end well since the doctors have told them the fractures are due to trauma and JP and I are the only suspects. DCFS can take up to 60 days to decide to prosecute (though the caseworker said it should be within two weeks, which is good since we're doing a major shuffling of the grandparents to keep him supervised at all time, as required), so if there's no medical diagnosis by then, but they have no reason to think we did it, (other than the fact there's six fractured ribs) what happens? Can they decide to just drop it as unexplained? The lawyer said it happens, but it's very rare. Odds are they'll choose to pursue a civil guardianship suit. We haven't seen the police detective since yesterday, but we could be facing a criminal suit as well. It's a pretty lose-lose situation. A medical diagnosis would clear us, but any bone disease is a pretty tragic thing for Landon. So we're basically in some kind of parental hell- we don't know what's wrong, can't seem to get people to help us, and are suspected child abusers with no clear end in sight.

*I also wanted to say: thank you so much for your support, it means so much. Everyone we've talked to has been so helpful, indignant, and appalled. It's definitely kept us from actually feeling like criminals and helped us maintain the hope that this will all be resolved in a way that avoids a suit and a tragic bone disease*

**Update: he won't be discharged tomorrow because DCFS decided to take off for the night and not resolve anything. My mom won't be flying up quite yet and we'll be here "through the weekend." Hopefully we can use teh time to keep bugging the doctors to keep looking for something.**

10 comments:

CM said...

I haven't been able to stop thinking about you since reading your posts yesterday. I can't believe you're being put in this situation -- accused of something so heinous, and at the same time trying to understand what happened to your son. I'm not religious, but I'm still praying for some resolution that doesn't involve a serious medical problem or more accusations. Hang in there.

PT-LawMom said...

Oh man, LL. I have been so worried about you guys. It's good that they're willing to let your mother fly up versus putting him in foster care, a hell I cannot even begin to imagine!!! I'm so glad Citations has helped you find good legal representation, but sorry to hear that the options aren't looking great. I'll be praying that a specialist comes out of the woodwork with the "Aha!" diagnosis really soon.

Kim said...

I also can't stop thinking about you and told my husband your story last night. Stay strong, and know that there are a lot of us out here rooting for you just as hard as we can.

DesiMom said...

wow. what a perfectly unnatural situation for a normal family.

surely there must be something those docs are missing.

awaiting good news for you all.

how's the baby?

divine angst said...

I am just sick over all of this for you. Please keep bugging the doctors and seeking a second opinion on the medical diagnosis. I think in many ways doctors are like law enforcement--once they settle on their "theory of the disease/crime," they often stop looking for contradictory information and instead focus on confirming their idea. It's human, yes, but it's also devastating when you are the alleged wrongdoer--or when the illness doesn't get treated.

Keep being strong! I don't have faith in "the system" to fix the situation, but I do have faith that you, with your own determination, and your friends and family who are clearly standing behind you, will push until someone realizes the mistake they've made.

Anonymous said...

I linked to your blog through another law school friend, and I just wanted to extend my sympathy for the situation. I can't even imagine how your are coping with this. I'm sure that you will see an allergy specialist soon, but I was wondering if its possible that the baby's milk allergy has get him from processing the calcium in his food? A serious food allergy might just help to explain fragile bones.

Anonymous said...

OMG I can't believe this - my thoughts are with you. What about the caretaker that you use while you're at school? Any way to know if the fractures are more than a couple weeks old?

Julia said...

I have to echo previous thoughts. I think especially being a young woman in law school I just feel kinship with you even though we never met.

But besides that, I just think you guys are really good people. You've shared so much of your life here that's helped me get an idea of what it's like to be a young mom, and through your writing I can also see how much you care and want to do the right thing.

I want to send all my support and hope and know that all rational people are behind you.

Anonymous said...

Hi there,

I live in London and just came accross your blog. I just wanted to share with you the fact that me and my partner are going through the same ordeal with my now 19 week old baby boy.

Even though I have a 2 year old daughter who has never shown any signs of abuse we are now been accused of harming our baby. He was 11 weeks old when we first went to hospital with a clavicle fracture. After a skeletal survey they found an older fracture of the rib. They have carried out all of the blood tests and have not been able to find any bone disease.

Both our children are staying with my partners parents and we are allowed 8 hours supervised access a day. This has been going on for nearly 8 weeks now.

Our social services are applying to a high court in London for a hearing, it seems that it has gone to court as no one can make a decision and take the chance that we are not abusers....and that we are not.

My son has been seen every week by a health professional for weighing etc as he has an intolerance to cows milk and also severe reflux. He has never had any marks or bruising on his body and has not cried out much in pain, even though he had a rib fracture that went undiagnosed??

We have two superb lawyers who are experienced with this type of case, so am hoping that we get excellent paediatricians to help identify the problem with our baby.

All I can say is hang on in there it will all get resolved sooner than you think.

Take care

LL said...

To anon in London: your story broke my heart. I can't imagine being separated from Landon while all of this is going on. I want to do a post on the CPS system in general and how I think its overzealous in a way that hurts the good families and often fails to catch the bad ones. I truly hope that your lawyers are able to get the situation resolved and your family reunited quickly. I've been thinking about you a lot. If you can- send me an email (lagliv@gmail.com) or comment on a random post when you have news.

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