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Haleigh Poutre

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Haleigh Poutre
File:Haleigh Poutre.jpg
Haleigh prior to the 2005 assault
Born (1994-02-24) February 24, 1994 (age 30)
Westfield, Massachusetts
NationalityAmerican
Known forHer child abuse case inspired many changes in the way the Massachusetts department of social services handles abuse reporting and end of life decisions for children in their custody

Haleigh Poutre (born February 24, 1994) is an American woman who became the subject of a legal controversy regarding the removal of life support for patients in persistent vegetative states. In 2005, 11-year-old Poutre awoke from a coma shortly before she was scheduled to be removed from life support. Poutre had a severe brain injury thought to be caused by abuse by her adoptive mother.[1] The case brought about many changes in the Massachusetts Department of Social Services, both in the way they handle reports of child abuse as well as their policies on end of life care for children in their custody.[2]

Background

Haleigh Poutre came to live with her maternal aunt, Holli Strickland, and Strickland's husband Jason at the age of 4 following allegations of sexual abuse at the hands of her mother's boyfriend.[3] In 2001, Holli Strickland alone legally adopted Haleigh. When asked in court why he never legally adopted Haleigh, Jason Strickland replied "Honestly, I didn't feel like I needed a piece of paper to say I was her father."[4]

Injury

On September 11, 2005 Haleigh Poutre was brought to the emergency room at Noble Hospital in Westfield, Massachusetts by Holli and Jason Strickland. They reported to medical staff that she had become unresponsive after suffering from "flu-like symptoms". Physicians determined that her brain stem was partly sheared, leaving her in a vegetative state. Physicians also noted a number of other injuries including broken teeth, numerous contusions and lacerations on Haleigh's body, as well as several burns in various stages of healing.[5]

On September 20, 2005, Jason and Holli Strickland were arrested and charged with assault and battery. Holli Strickland was shot to death two days later while out on bond. Police believe her death on September 22, 2005 to be a murder-suicide at the hands of her grandmother, Constance Young.[6][7]

End of life debate

Following criminal charges, the department of social services took custody of 11 year old Haleigh. Eight days after she was admitted to the hospital, Harry Spence, the commissioner of the Massachusetts Department of Social Services, sought to remove Haleigh from life support. Physicians involved in the case asserted that Haleigh was in a vegetative state, and "virtually brain dead." On Oct. 5, 2005, a judge approved the request. Jason Strickland, Haleigh's stepfather, appealed the decision.[8] Although Jason Strickland had never legally adopted Haleigh, he opposed the decision on the basis that he was the de facto parent.[9]

Complicating the issue was the criminal case against Jason Strickland. If Haleigh died, the state could bring murder charges against Strickland. But if she lived, even in a vegetative state, the charges brought against Strickland were significantly less severe. Many perceived the actions of Strickland to be an attempt at evading homicide charges.[8]

On January 17, 2008, the Massachusetts Supreme Court ruled in favor of the Department of Social Services that life support could be removed.[10] On January 18, 2008, as physicians were preparing to remove life support, Haleigh regained consciousness. In the presence of Harry Spence, social workers asked Haleigh to identify a series of items in front of her and she successfully completed the task. The order to remove life support was cancelled.[8]

A number of Right to Life groups got involved with Haleigh Poutre's case and many noted parallels between this case and the high profile Terri Schiavo case which ended in her death earlier that year. Schiavo's family contacted Mitt Romney regarding the case. The family runs the Terri Schindler Schiavo Foundation Center for Health Care Ethics Inc. Schiavo's father, Bob Schindler Sr., commented that there have been many similar cases and his foundation's goal is "essentially to guard against this rush to judgment."[11]

Policy changes in response to the case

The Department of Social Services faced harsh criticism for their role in the case. On June 14, 2006, a legislative oversight committee determined that DSS was at fault for failing to protect Haleigh Poutre. DSS officials have acknowledged that they missed signs of abuse before she was brought to the hospital in September.[12] The Department of Social Services received at least 12 reports of abuse or neglect of Haleigh between 2001 and 2005. DSS had been begun working with the Strickland family since 1998.[13] The panel recommended a number of changes, including the creation of an audit bureau to review cases, educational requirements for social workers be increased, and that abuse reporting systems be revamped.[12]

In March 2006, Governor Mitt Romney, appointed a panel of specialists to evaluate the case. "Haleigh's case highlights a frightening confluence of a health care system ignorant of abuse and a child protective system ignorant of medicine," they said. The panel also said current DSS procedures are "substantially insufficient" in their ability to make decisions regarding the withdrawal of life support from children in their custody. Recommendations included a number of changes, including increased access to medical, psychiatric and child abuse expertise and the creation of a new system for making end of life decisions.[14]

On July 8, 2008, Governor Deval L. Patrick passed a new law to overhaul the child welfare system in Massachusetts. Changes include a requirement that the case undergo a special review by a state board if DSS receives three or more reports of suspected child abuse. The results of that review will then be evaluated by prosecutors and police in the area. A new child advocate position was also created. This advocate reports directly to the governor regarding severe child abuse or neglect in the state. The new law also involves increased penalties for failing to report child abuse. A new registry for keeping track of foster parents was also implemented. These changes were made largely in response to the Poutre case.[2]

Criminal case

In 2008, Jason Strickland was tried for the assault. Strickland admitted noticing Haleigh's injuries, but claimed he believed Holli's story that the injuries were self inflicted. The story was also believed by the Department of Social Services and was the reason she was not removed from the home despite numerous reports to the agency.[15]

During deliberations, jurors questioned whether Jason Strickland had to be present at the time of the assault to return a guilty verdict. Judge Carhart instructed them that he did not have to be present, but they would have to believe that an "ordinary person" would realize that leaving Haleigh in the care of Holli Strickland presented a serious risk of bodily harm. Strickland was convicted under this theory.[16] Earlier in the trial, a friend of Holli Strickland's testified that she witnessed Holli push Haleigh down the stairs three times in a row as a punishment, each time screaming at her to walk back up before pushing her down them again.[17] Jurors did not believe that Jason Strickland was present for the specific assault that led to Haleigh's near fatal injuries, but that he knew the abuse was ongoing. He was also convicted of other charges of assault and battery for striking Haleigh himself on previous occasions, although the majority of the charges were under the theory that Holli was the primary abuser and he failed to stop that abuse. He was sentenced to 12–15 years.[18]

Haleigh's recovery

Updates on Haleigh's current level of recovery are not available, but during the trial in 2008, a video of Haleigh's progress was shown to jurors. She was recovering at Franciscan Hospital for Children in Brighton, Massachusetts. The video showed Haleigh eating independently, using an alphabet board for communication and writing her name. Speech was difficult at that time. Dr. Jeffrey Forman, the director at the rehabilitation facility, testified that Haleigh had made "dramatic progress" and with help, she can walk approximately 100 feet.[19]

In 2008, Haleigh was released from Brighton rehabilitation hospital to live as a foster child with Keith and Becky Arnett in Southwick, Massachusetts. She was adopted by the Arnetts in 2010 at the age of 16 and attended a special education program in the Southwick public school system.[20] Regarding the attack, Haleigh's adoptive father reports that she knows she was hurt, but is unable to remember any specifics about the event.[21]

See also

References

  1. ^ Boston Herald Court records: Haleigh Poutre ’making statements’ about abuse, February 27, 2008
  2. ^ a b Ring, Dan (July 8, 2008). "Gov. Patrick signs child welfare law overhaul". The republican.
  3. ^ Wen, Patricia (May 15, 2008). "Haleigh Poutre's mother seeks documents from DSS". Boston Globe.
  4. ^ Spencer, Buffy (November 21, 2008). "Jason Strickland denies hitting his stepdaughter, Haleigh Poutre". The Republican.
  5. ^ Spencer, Buffy. "Nurses tell court about Haleigh Poutre's lifeless condition when she was brought to hospital". The republican. Retrieved November 5, 2008.
  6. ^ Spencer, Buffy (December 19, 2008). "Strickland sentenced to 12 to 15 years in state prison in Haleigh Poutre case". The Republican.
  7. ^ "Chronology of alleged abuse case". Boston Globe. January 18, 2006.
  8. ^ a b c Wen, Patricia (January 27, 2006). "Girl with damage to brain is sent to rehab center". The Boston Globe.
  9. ^ Fahrenthold, David (January 18, 2006). "Comatose girl can be removed from life support, court rules". The Washington Post.
  10. ^ Wen, Patricia (January 17, 2006). "SJC: State can remove 11 year old from life support". Boston Globe.
  11. ^ Helman, Scott (Apr 25, 2006). "SCHIAVO'S KIN JOIN POUTRE DEBATE". The Boston Globe.
  12. ^ a b Levenson, Michael (June 14, 06). "Lawmakers criticize DSS care of Haleigh Poutre". the Boston Globe. {{cite news}}: Check date values in: |date= (help)
  13. ^ Spencer, Buffy (November 18, 2008). "Jury in Jason Strickland trial sees videotape showing Haleigh Poutre in rehabilitation hospital". The Republican.
  14. ^ Wen, Patricia (March 21, 06). "Romney panel blasts system familure in haleigh poutre case". Boston Globe. {{cite news}}: Check date values in: |date= (help)
  15. ^ Wen, Patricia (November 18, 2008). "Video shows Haleigh Poutre writing, feeding self". The Boston Globe.
  16. ^ Spencer, Buffy (December 8, 2008). "Sentencing delayed for Jason Strickland, convicted of allowing assault on his stepdaughter, Haleigh Poutre". The Republican.
  17. ^ Spencer, Buffy (November 17, 2008). "Haleigh Poutre's babysitter testifies she saw child abuse". The Republican.
  18. ^ Reitz, Stephanie (December 18, 2008). "Mass. man gets 12-15 years for stepchild beating". Fox News.
  19. ^ Wen, Patricia (November 18, 2008). "Video shows Haleigh Poutre writing, feeding self". The Boston Globe.
  20. ^ Wen, Patricia (August 3, 2014). "Timeline: The case of Haleigh Poutre". The Boston Globe.
  21. ^ Goslee, Kaitlin (May 11, 2015). "Haleigh Poutre, 10 years later". WWLP News 22.
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