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3 abused Waxahachie girls may be returned to mom with Munchausen

08:31 AM CDT on Thursday, August 7, 2008

By JON NIELSEN / The Dallas Morning News
jnielsen@dallasnews.com

The three girls visited the emergency room more than 150 times in four years. Their mother told doctors that, among them, they had cerebral palsy, a seizure disorder and cystic fibrosis.

One child received surgery for a feeding tube she didn't need.

Another used a wheelchair and wore a safety helmet and leg braces. A pediatrician said she never needed them.

Testimony during a custody trial in Ellis County two months ago showed that the mother, Susan Hyde of Waxahachie, hurt herself and her children by treating illnesses they never had. The pattern of abuse was enough for a 12-member Ellis County jury to permanently separate the siblings from their mother and maternal grandparents.

But that separation has yet to come.

More than a month after the June 30 verdict, the children, ages 8, 6 and 4, are in legal limbo. Ellis County Court at Law Judge Greg Wilhelm has not signed the final order. If no ruling is made by Sept. 1, the girls can be returned to their mother and the case will be dismissed.

The judge's delays have frustrated Child Protective Services workers and jurors. And his recent order to appoint two new transition coordinators to the case prompted appellate judges to get involved.

Judge Wilhelm's court coordinator referred inquiries in the case to the county's public information officer. She said the judge doesn't comment on pending cases.

Experts said during the trial that Mrs. Hyde, once a licensed paramedic, exhibited characteristics that could be related to Munchausen syndrome and Munchausen by proxy, which is inflicted on others. It's a condition in which people exaggerate or create false symptoms of illness.

Mrs. Hyde, 31, does not face any criminal charges.

Ellis County prosecutors say they have forwarded information to the Dallas and Tarrant County district attorney's offices for possible criminal charges, but neither office could confirm any investigation when contacted Wednesday.

CPS began investigating after receiving a tip in 2005. The only issue in this civil case is who gets custody of the girls.

Judge Wilhelm, who is running unopposed for his seat in November, was appointed to the bench last year. One of his first decisions in this case was to order the children, who were then in foster care, to move in with their maternal grandparents. His order came despite the objections of the CPS attorneys representing the children.

Some jurors and attorneys involved with the case say they worry for the safety of the girls. They say that Brian and Patricia Andersen of Ennis haven't done enough to protect their grandchildren from Mrs. Hyde.

"This is going to be one of those cases you see on the news one night when the mother goes in and kills everybody," juror Cindy Lantz said. "You don't want to see the kids separated, but if they're dead, how good are they?"

Judge 'conscientious'

Mrs. Andersen said her grandchildren are safe in the Ennis home she shares with her husband. Both are registered nurses.

"It sounds like several jurors feel that they are in danger here. That's not the case," Mrs. Andersen said.

Mrs. Hyde's attorney, Mark Griffith, applauds the judge's delay, saying jurors are overreacting to "irrational fear" created by CPS attorneys that the grandparents would harm the children. Mr. Griffith said the judge has no plans to overturn the verdict but is taking his time to evaluate the best transition plan to separate the children from their grandparents and each other without creating emotional chaos.

"It is one of the most judicious and conscientious things I've ever seen a judge do," Mr. Griffith said. "What he's trying to do is avoid the obvious trauma that is coming for these three girls."

Under the jury verdict, the 6-year-old girl will go to live with her biological father, Jim Ehlers in Iowa, who sought custody. The other two girls, who have no father involved in their lives, will go into the state's care.

The judge has called for a hearing on Monday, when he could sign the jury's verdict.

Mrs. Andersen said the judge's delay to find the best transition plan is in the girls' best interests.

"The judge is thinking of the children first, and I have to hug him for that," Mrs. Andersen said. "These are precious children. They are fragile."

But jurors don't believe the grandparents should be allowed to have the children.

"The grandmother just had blinders on to what was going on," said Mrs. Lantz, who spent a month in the jury box hearing the case.

Mrs. Andersen said she never knew about her grandchildren's abuse.

"I wish I picked up on these things, I wished I would've," she said. "We wouldn't be losing our grandchildren."

Mrs. Andersen did, however, question those who said nothing about the abuse, specifically the doctors who treated the children.

"Did they do unnecessary procedures?" she asked rhetorically. "If they did, I have to think that is malpractice."

According to Ellis County Assistant District Attorney Sara Ruth Spector, the grandparents never acknowledged that their daughter showed signs of Munchausen or Munchausen by proxy, despite the testimony at trial of several medical professionals.

That played into juror Joe Clark's decision to not give custody to the grandparents.

"They haven't put the grandchildren's interests above their daughter's," Mr. Clark said.

Mr. Clark and Mrs. Lantz said they both believe that the jury's decision is being ignored.

"I'm sad that the jury felt that the 4 ½ weeks they gave up in their lives went in vain," said Mrs. Andersen, who said she plans to file an appeal in hopes of regaining custody. "But if they're so concerned about the children, why wouldn't they want what's best for them?"

Appeals court steps in

On July 25, Judge Wilhelm appointed two representatives, called a transition master and a transition coordinator, who would work on a plan for placement of the children.

Ms. Spector said the judge has no legal authority to appoint them.

She spent part of her vacation writing a writ of mandamus asking an appeals court in Waco to throw out the judge's latest order and ask the judge to make a ruling soon.

"There is no authority in the Family Code to inject two new persons to decide the best interest of the children when the children's duly-appointed ad litems have the knowledge of the facts, as well as ... a seventeen month relationship with these children," Ms. Spector wrote in the writ.

The appeals court issued a stay that keeps the judge's appointees from working on the case, but it must still rule on the writ. There's no timetable on when the appeals court will render a decision.

Mrs. Lantz, a registered nurse and mother of two grown children, said she can't stop worrying about the girls in this case, even though she's never seen them in person. She said she dreams about them at night. During the day, she can't stay focused at work.

She wants Judge Wilhelm to make a decision.

"I can't close it. This is still in my head," she said. "There's just no closure for me."

Mrs. Andersen said this case isn't about the jurors.

"It seems to be all about them and what they've sacrificed for four weeks," she said. "These children have their whole lives ahead of them."

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