Haleigh Poutre (born February 24, 1994) is an American woman who became the subject of a legal controversy regarding the removal of life support for patients in persistent vegetative states. In 2006, eleven-year-old Poutre awoke from a coma shortly before she was scheduled to be removed from life support. Poutre had a severe brain injury thought to be caused by abuse by her adoptive mother. The case brought about many changes in the Massachusetts Department of Social Services, both in the way they handle reports of child abuse as well as their policies on end-of-life care for children in their custody.
Background
At the age of four, Haleigh Poutre went to live with her maternal aunt, Holli Strickland, and Strickland's husband Jason, following allegations of sexual abuse at the hands of her mother's boyfriend. In 2001, Holli Strickland alone legally adopted Haleigh. When asked in court why he never legally adopted Haleigh, Jason Strickland replied, "Honestly, I didn't feel like I needed a piece of paper to say I was her father."
Injury
On September 11, 2005, Haleigh was taken to the emergency room at Noble Hospital in Westfield, Massachusetts, by Holli and Jason Strickland. They reported to medical staff that she had become unresponsive after suffering from "flu-like symptoms". Physicians determined that her brain stem was partly sheared, leaving her in a vegetative state. Physicians also noted a number of other injuries including broken teeth, numerous contusions and lacerations on Haleigh's body, and several burns in various stages of healing.
On September 20, 2005, the Stricklands were arrested and charged with assault and battery. Holli Strickland was shot to death two days later while out on bond. Police believe her death on September 22, 2005, to be a murder-suicide at the hands of her grandmother, Constance Young.
End of life debate
Following criminal charges, the Department of Social Services took custody of eleven-year-old Poutre. Eight days after she was admitted to the hospital, Harry Spence, the commissioner of the Massachusetts Department of Social Services, sought to remove her from life support. Physicians involved in the case asserted that Poutre was in a vegetative state, and "virtually brain dead." On October 5, 2005, a judge approved the request. Jason Strickland, Poutre's stepfather, appealed the decision. Although Jason Strickland had never legally adopted Poutre, he asserted his right to make the decision as the de facto parent.
Complicating the issue was the criminal case against Jason Strickland. If Poutre died, the state could bring murder charges against Strickland. But if she lived, even in a vegetative state, the charges brought against Strickland were significantly less severe. Many perceived the actions of Strickland to be an attempt at evading homicide charges.
On January 17, 2006, the Massachusetts Supreme Judicial Court ruled in favor of the Department of Social Services that life support could be removed. On January 18, 2006, Poutre's biological mother indicated Poutre was responding to her. As physicians were preparing to remove life support, Poutre regained consciousness. In the presence of Harry Spence, social workers asked Poutre to identify a series of items in front of her and she successfully completed the task. The order to remove life support was cancelled.
A number of Right to Life groups involved themselves with Poutre's case. They noted parallels between this case and the high-profile Terri Schiavo case which had ended in her death earlier that year. Schiavo's family, who runs the Terri Schindler Schiavo Foundation Center for Health Care Ethics Inc., contacted Mitt Romney regarding the Poutre case. Schiavo's father, Bob Schindler Sr., commented that there have been many similar cases and his foundation's goal is "essentially to guard against this rush to judgment."
Policy changes in response to the case
The Department of Social Services faced harsh criticism for their role in the case. On June 14, 2006, a legislative oversight committee determined that Department of Social Services was at fault for failing to protect Poutre. Department of Social Services officials have acknowledged that they missed signs of abuse before she was brought to the hospital in September. The Department of Social Services received at least twelve reports of abuse or neglect of Poutre between 2001 and 2005. The department had been working with the Strickland family since 1998. The panel recommended a number of changes, including the creation of an audit bureau to review cases, an increase of educational requirements for social workers, and a revamping of abuse reporting systems.