Documenting medical condition of child

[ArkStepMom]

Soc; our last interview w/ prospective atty was postpone, the new appt is not until Friday after "child" is returned to CP.

"Child" was picked up for summer visitation w/265 insect bites, a new prescription anti-anxiety med, and new prescription topical med.  This represents the norm for the condition of the child when we pick her up, and has continued like this for 4 years (all Dr. documented).

Our Order prevents us from taking child to the Doctor "except in the case of emergency"

"Child" stated to NCP that there had been the use of handcuffs ("like the police have") restraining her to the bed while she slept to keep her from scratching.

We had taken pictures of various body parts of "child" and the extent of the bites the evening we picked her up and also the identical photo's on her day of return showing the improvement.

1) In preparing to be heard on this et al, issues, is there anything else you can suggest to best preserve/document the condition of the child for court?

2) Is there some way to preserve/document child's statement about the handcuffs without contaminating it, for our atty's use later?

3) any other advise you can give is greatly appreciated ?

Arkmom

[socrateaser]

>1) In preparing to be heard on this et al, issues, is there
>anything else you can suggest to best preserve/document the
>condition of the child for court?

You need to be able to prove when the photos were taken, e.g., a receipt from a one-hour photo on the same day.

>2) Is there some way to preserve/document child's statement
>about the handcuffs without contaminating it, for our atty's
>use later?

I would probably have called CPS as soon as I picked up the child and discovered the probem(s). Your best preservation would be expert witness, like a doctor or a therapist who hears a spontaneous statement from the child regarding these issues. You can also record the child on video, but the court may believe the testimony was coerced.

And, of course, if you could get the other parent to admit her behavior on tape, that would be the best.

>
>3) any other advise you can give is greatly appreciated ?

Yes, aren't a huge number of bites and a claim of abusive behavior (handcuffs) an EMERGENCY? They would be to me.

[ArkStepMom]

We also thought it emergency enough. But the problem we had was that there was a recent prescription for the bites (pick-up was Sunday, Dr. visit, we believe, was Friday, prescription also filled Friday!)

Photo's of child are date stamped.

1) Can it still be construed as "emergency" when the problem was treated?

2) Is a date stamp on the photo sufficient.

3) What about having a neighbor sign and date the photo.

Thanks, Soc

[socrateaser]

>1) Can it still be construed as "emergency" when the problem
>was treated?

I'd say no, because the CP has sought professional help for the child's condition.

>
>2) Is a date stamp on the photo sufficient.

Well, if the stamp is applied by your camera, and thus can be manipulated by you, then no. If it's stamped by the photo shop, then yes.

>
>3) What about having a neighbor sign and date the photo.

No, you need a disinterested third party.