In the Interest of M.A.C.
49 S.W. 3d 923 (Tex. App. 2001)
The Texas Department of Protective and Regulatory Services sued to
terminate the parental rights of the mother of M.A.C.. This action was
brought while M.A.C. was a newborn, and was initially based on the fact
that M.A.C. tested positive for cocaine at birth.
At trial the Department apparently contended that M.A.C. suffered
from both FAS and "fetal cocaine syndrome" The mother requested that the
court appoint an expert witness to determine the severity of these two
syndromes. The court denied the request, and terminated the mother's
parental rights on the ground that she "could not meet M.A.C.'s special
needs." 49 S.W. 3d at 924.
The court of appeals reversed, holding that the mother was
entitled to her own expert to evaluate the medical evidence.
"[T]he Department offered M.A.C.'s voluminous medical records,
which [the mother's] counsel had admitted she could not adequately
understand without expert assistance. The Department presented expert
testimony . . . . The pediatrician, Dr. Richard Calvin, diagnosed M.A.C.'s
syndromes by patient history . . . . According to Dr. Calvin, M.A.C.'s
special needs require a custodian who understands his diagnosis and
treatment. . . . The trial
court abused its discretion by denying [the mother's] motion to permit her
own expert to examine M.A.C."
49 S.W. 3d at 924.
Because there are a substantial number of cases in which
termination of parental rights is based on the special needs of a child
with FAS, the possibility that the parents in such a case would be
entitled to their own medical experts has far reaching implications.