This case can be used either as a termination of parental rights case or as a criminal case.
Cynthia Kyles is the mother of five children, four of whom were taken into state custody before the beginning of this case because of child neglect, including substance abuse. The fifth child and subject of this case, Grace Kyles, was born in April of YR-2. At her birth the child was not taken into state custody because Nita Child Protection was not aware that Cynthia Kyles had given birth to Grace. The state information tracking system could not match Grace Kyles to the previous name Cynthia Kyles had used, Cynthia O’Brien.
The Nita child abuse hotline received a call on July 15, YR-2 regarding Grace Kyles and sent an investigator out to investigate the case. The investigator took Grace to the hospital, where she was taken into protective custody by Dr. Alamar, who believed that she had been physically abused. Shortly thereafter the child was placed in foster care. A grand jury indicted Cynthia Kyles for aggravated battery on July 30, YR-2.
In December of YR-2, juvenile court adjudicatory and dispositional hearings took place, at which time the court determined that Grace was, in fact, an abused child. She then became a ward of the court under state guardianship.
In May YR-1, the court heard the mother's motion to return Grace to her. The court denied the motion at that time after hearing Mrs. Kyles’ testimony. Grace thus remained with her foster parents. Because the foster parents wish to adopt Grace, the State has decided to proceed with an action for termination of parental rights on Grace only.
Table of Contents
Problems 1 - 19
Introduction to case file
Instructions for use as a full trial
Petition for termination of parental rights
Transcript of testimony of Dr. Terry Alamar, M.D.
Curriculum vitae of Dr. Terry Alamar, M.D.
Response to expert opinion interrogatories
Testimony of Ellen Nyman, MSW
Transcript of testimony by Rollins Bradley
Statement of Cynthia Kyles
Rollins Bradley apartment photos
Deposition of Dr. G. Benton
Dr. G. Benton curriculum vitae
Transcripts of testimony of Cynthia Kyles
Substance abuse clinic report and notes
Grand jury transcript
Nita Child Protection termination screening report
Nita police Miranda warning
Arrest and conviction reports
Shaken Baby Syndrome article excerpts
Terry O'Brien interview
State of Nita applicable statutes and relevant regulations
Jury instructions for criminal trial