Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, March 9, 1995 TAG: 9503090084
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: TODD JACKSON STAFF WRITER
DATELINE: ROCKY MOUNT LENGTH: Medium
Ruby was taken to Franklin Memorial Hospital on Halloween 1993 by a family friend worried about her feeble cry and dangling arm.
An examination revealed that Ruby's arm was broken, and that two earlier injuries - her other forearm and a shoulder had been fractured - had healed without medical attention.
Ruby immediately was put in the care of Franklin County Sheriff's Department investigators and then the county's Social Services Department.
Her parents, Clyde E. and Alice Barrett, were found guilty of felony child neglect. In August, Clyde Barrett, 23, received three years in jail, and in September, Alice Barrett, 17, was sentenced to 60 days.
Alice Barrett's jail sentence was suspended until her appeal could be heard. Clyde Barrett is incarcerated in the Franklin County Jail.
Commonwealth's Attorney Cliff Hapgood did his job: both parents were found guilty as charged. But Hapgood, who believes each child-abuse case is different and must be dealt with accordingly, was so concerned about Ruby's welfare that he took an unusual step for a prosecutor.
Because he knew both parents before the neglect charges were brought, Hapgood said he had immediate insight into Ruby's situation. ``I feared for her safety,'' he said.
Just weeks after Alice Barrett's trial, a hearing was held to set up visitation between Ruby and her mother. Ruby was in the home of the foster parents who continue to be her legal guardians.
Concerned that Alice Barrett might try to regain custody, Hapgood decided to intervene. He asked a judge to let him become part of a lawsuit so he could initiate termination of the Barretts' parental rights - a lengthy process that usually is started by a legal guardian or a relative of an abused child.
No one contacted for this story - including several social workers and lawyers - knew of another case in which a prosecutor had stepped in to try to terminate parents rights.
With no obvious precedent available to him, Judge David Melesco decided not to rule on Hapgood's motion. Instead he sought a state attorney general's opinion that is still pending, according to lawyers associated with the case.
Alice Barrett's attorney at the hearing, Shirley Jamison, filed a motion against Hapgood's request.
``It's a family matter in Juvenile and Domestic Relations Court,'' Jamison said of the visitation hearing. ``Criminal matters are separate and should be a matter of reference instead of direct intervention by the commonwealth's attorney.''
Jamison said that at a hearing this week visitation guidelines were set so Alice Barrett could spend time with her child. Jamison said she believes her client, who has since had another child, is improving her life.
Hapgood's position does have public support, though.
Jeanie Carroll, a nurse at Franklin Memorial Hospital, was on duty the night Ruby arrived at the hospital in 1993. She started a petition drive in December calling for the termination of the Barretts' parental rights to their daughter. She collected nearly 300 signatures
Carroll is also a good friend of one of Ruby's foster parents.
``When I first saw Ruby, she would just go into a corner and scream,'' Carroll said. ``But now she's happy, and she's a beautiful little girl. I'm afraid she's going to get tied up in the system until she's 8 years old. These children really have no voice.''
That's why Carroll said she supports Hapgood.
``I really appreciate Cliff Hapgood for getting involved.''
Memo: ***CORRECTION***