Free Custody of the State by Craig Parshall Page B

Honor,” Will said, “section 328 in that same code chapter requires a finding by the court, based on an emergency situation, that the health and safety of the child have made such a drastic hearing—in the absence of the presence of the attorney—absolutely necessary—”
    â€œI’ve been satisfied by the evidence. In fact, I’m more than satisfied that Mary Sue Fellows has got some mental issues—at least according to the evidence I’ve seen. And my land, Mr. Chambers—giving her little boy hydraulic brake fluid to drink—do you think that’s not a danger to health and safety…”
    But before Will could respond to what was apparently just a rhetorical question, the judge continued.
    â€œThe code has been satisfied. I have, today, entered an order transferring custody of Joshua Fellows to the care of theDepartment of Social Services. Ms. Luden, have you secured a proper foster home for the child?”
    Luden nodded.
    â€œNow, all we need is the mother and the child. The criminal case cannot proceed without Ms. Fellows appearing personally to enter her plea and submit to the jurisdiction of this court. Instead, Mr. Chambers, this court is proceeding on the civil case—on the petition filed by Juda County for a permanent transfer of custody of Joshua out of the care of Ms. Fellows—the basis is child abuse. Because that action is civil—not criminal—we can proceed without Ms. Fellows’ personal appearance.”
    â€œI don’t have a copy of that petition,” Will noted.
    Putnam tossed a stapled packet of papers onto the counsel table in front of Will.
    Will glanced at it and then addressed the court.
    â€œWe enter a denial to these allegations.”
    â€œNoted,” the judge said casually. “The court clerk will be advising you all—when you come up to the bench after the hearing—of the date for the adjudication hearing on the issue of child abuse as grounds for transfer of custody.”
    â€œYour Honor,” Will said.
    â€œYes?”
    â€œThe ten-day Georgia law hearing.”
    â€œWhat about it?”
    â€œUnder section 19-13-3, subparagraph (c), 1, we have a right to a hearing within ten days to challenge this court’s ex parte order transferring custody.”
    â€œFine. You’ll get your hearing.”
    â€œWhen?”
    â€œRight now, Mr. Chambers. Go ahead and argue. Persuade me that what I did fifteen minutes ago in my office was legally incorrect.”
    â€œI’ve had no time to prepare for that argument,” Will countered. “I’ve just received the petition.”
    â€œIt’s all in there, Your Honor,” Putnam said, joining in. “The affidavits. Everything. Mr. Chambers should be able to respond to that right now.”
    Will grabbed the packet of papers and flipped to the back. There was an affidavit from Dr. Wilson, the family’s doctor. He had written that Mary Sue had impeded his proper treatment of Joshua, disregarding his advice. That she had become belligerent when he inquired about Joshua’s medical history and her feeding schedule. And further, that he had personally reviewed the medical records from the hospital, where he had submitted Joshua to blood tests. Those test results, he concluded, had noted the presence of ethylene glycol—the main ingredient in hydraulic brake fluid—in Joshua’s blood. Any further ingestion of that chemical could be fatal to Joshua.
    A second affidavit was signed by Detective Otis Tracher. The detective indicated that after the arrival of the sheriff’s deputies—and the arrest of Joe Fellows—he and a member of the evidence team had swept the kitchen for evidence. They had taken samples from the kitchen counter and had seized a child’s drinking cup. The state crime lab results all indicated that there was hydraulic brake fluid on the kitchen counters and—most