In the Interest of S.H.A.

A.A. and A.S. (defendants) immigrated to the United States illegally and later had their fourth child (the child) on February 12, 1982. On May 25, 1983, following the child’s hospitalization for treatment of an ear infection, a public health nurse visited the family’s home and found the child to be dirty, crying, and eating food off a dirty floor. After the mother missed a follow-up doctor’s appointment, a medical assessment of the child was conducted on June 22 and revealed that the child was severely underweight. Shortly thereafter, the child was hospitalized again for treatment of a burn on his arm and an ear infection. During the hospitalization, the child was diagnosed with nonmedical failure to thrive, a condition that can be caused by emotional deprivation and can have a long-term impact on a child’s growth and intellectual development. The child was subsequently placed in a foster home when he was discharged based on the recommendation of the treating physician. While in foster care over the next five months, the child showed significant improvement in both his weight and affect. The parents received transportation and housing assistance, parenting classes, and daycare services for their four other children while the child was in foster care. On December 4, 1983, the child was returned home to the parents, but had to be removed again on December 29, after a social worker visited the home and found him with an inappropriate babysitter and an untreated cut over his eye. The state later sought termination of the parents’ rights, and the trial court terminated both parents’ rights based on the findings of a jury. The parents then appealed the trial court’s judgment.