399 P.3d 1240
Wyo.2017Background
- Parents Michael Tibbets and Donna Gifford had three children who showed persistent developmental, medical, and behavioral deficits (failure to thrive, ADHD diagnoses, enuresis, sensory-seeking, severe diaper rash, seizures).
- Pediatrician Dr. Mary Bowers diagnosed non-organic failure to thrive for M.T. and C.T., recommended formula and specialist care, and repeatedly communicated concerns; parents instead fed a whipping-cream-and-molasses mixture and declined services.
- The Department of Family Services and the local Child Development Center offered services and safety plans over years; parents repeatedly refused or failed to follow through; home was found cluttered, unsanitary, with rotting food, feces, and hazards.
- School and therapy staff documented severe hygiene problems, food-hoarding and food-seeking behavior, physical injury to C.T., and dramatic clinical and functional improvement after placement in foster care; children regressed after parental visits.
- The State charged both parents with three counts each of felony child abuse for recklessly inflicting mental injury over the children’s lifetimes; a jury convicted both parents and the district court imposed prison terms with much suspended.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Appellants) | Held |
|---|---|---|---|
| Whether evidence was sufficient to prove parents recklessly caused mental injury to each child | Repeated notice of children’s medical/developmental needs, refusal of services, unsafe home, and immediate improvement in foster care show conscious disregard and causation over time | Parents lacked awareness of the risk; no contemporaneous single reckless act; insufficient proof risk was substantial and unjustifiable | Affirmed. Evidence showed parents were on notice, consciously disregarded substantial unjustifiable risks over time; mental injury proven and causation supported by post-removal improvement/regression |
Key Cases Cited
- Wilkerson v. State, 336 P.3d 1188 (Wyo. 2014) (standard for reviewing sufficiency of evidence and distinctions between recklessness and intent)
- O'Brien v. State, 45 P.3d 225 (Wyo. 2002) (discussion of mental state standards used in Wyoming criminal law)
- People v. Hall, 999 P.2d 207 (Colo. 2000) (risk-valuation principle: a risk need not be probable to be substantial when potential harm is great)