Care And Protection Of Beth

587 N.E.2d 1377 (1992)

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Nature of the Case

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Facts

The child was born in 1986 to a mother and putative father who were both minors. Less than a month after the birth the child was the subject of a petition by DSS and the child was found to be in need of care and protection. A few weeks later the child's mother was also found to be in need of care and protection. In December, DSS returned physical custody of the child to the mother while retaining legal custody. Shortly thereafter both the mother and the child were involved in a car accident, and the child was left in an irreversible coma. The child cannot hear, see, or engage in any purposeful movement. Her ability to breathe on her own is extremely limited and she needs a breathing tube with breathing controlled by a machine. She has extreme medical problems and suffers from repeated cardiorespiratory failure as a result of aspirating food. Extensive medical treatment is needed. A guardian was appointed to represent the child. Expert testimony indicated that the child was in an irreversible coma and that a no code entry was completely consistent with medical ethics. The Judge substituting his judgment for the incompetent child found that if competent, the child would choose not to be resuscitated by extraordinary measures. The Guardian appealed this order.