Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, August 10, 1995 TAG: 9508100059
SECTION: VIRGINIA PAGE: C-3 EDITION: NEW RIVER VALLEY
SOURCE: TODD JACKSON STAFF WRITER
DATELINE: LENGTH: Medium
In granting Hapgood's request, Judge B.A. Davis III reversed an earlier decision by a county Juvenile and Domestic Relations Court judge.
The case involves 2-year-old Ruby Barrett. Ruby's parents, Clyde and Alice Barrett, were convicted of felony child neglect last year after court testimony revealed that Ruby had a broken arm - and other healed broken bones - that did not receive medical treatment.
A family friend, concerned about Ruby's behavior, took her to Franklin Memorial Hospital to be examined on Oct. 31, 1993.
Hapgood prosecuted the Barretts. Clyde Barrett was sentenced to three years in jail. Alice Barrett was sentenced to 60 days. Both sentences were suspended pending appeal.
At that point, Hapgood could have dropped his interest in the case. But he decided to go a step further.
At a hearing last fall to discuss possible visitation between Ruby and her mother, Hapgood presented his case files to the court. He also asked to become a party in the civil case so he could begin proceedings to terminate the Barretts' parental rights to Ruby.
Juvenile and Domestic Relations Judge David Melesco ruled Hapgood could not participate in the case. "The commonwealth's attorney does not have a direct relationship with the child as I believe [state law] envisions," he wrote in his opinion.
Hapgood then appealed Melesco's ruling to Franklin County Circuit Court.
Hapgood said he considers the Circuit Court ruling a victory for Ruby, who is now in the custody of foster parents.
Ruby's legal guardian, Rocky Mount lawyer Tim Allen, and Alice Barrett's lawyer, Shirley Jamison of Boones Mill, argued against Hapgood's participation.
Jamison has objected to Hapgood's move from the criminal proceedings involving the Barretts to the civil case involving Ruby's custody.
Hapgood's participation also may open the door for more people to file for termination of parental rights, Allen has argued.
Jamison and Allen could not be reached for comment Wednesday.
Hapgood said he does not know if either plans to appeal the case.
Discussing the importance of the case, Hapgood said it's a unique situation because both of Ruby's parents were convicted of neglect.
"Most of these case involve one parent," he said.
Hapgood also is following Ruby's progress with her foster parents closely - people Hapgood says "deserve high marks for the job they're doing." And she visits his office from time to time.
"I'm not claiming that the commonwealth has the right to intervene every time a parent and a child have a problem," he said. "But there's got to be a better way to protect children."
According to state law, the local department of social services must give its approval before a parent's right to a child can be be challenged in court, Hapgood said.
In Ruby's case, that hasn't happened yet.
Hapgood said he's considering his options and hopes to make his next move soon.
Memo: NOTE: Shorter version ran in Metro edition.