Gordon Collins-Faunce is scheduled to appear in court today to be charged in the murder of his infant son, a crime that has generated questions among child welfare advocates about whether warning signs of abuse in the household were ignored.
Collins-Faunce will face a charge of depraved-indifference murder at an initial appearance at York County Court in Alfred, accused of assaulting Ethan Henderson and causing the brain injuries that killed him.
Six weeks before he died, Collins-Faunce broke Ethan Henderson’s arm after becoming frustrated while changing the baby’s diaper, police said.
Health care professionals who treated that injury were obligated to report it to the state Department of Health and Human Services if they had any suspicion that the injury was the result of abuse or neglect, according to state law.
“Any health care provider that looks at that kid — that means the medical assistant who takes the kid back or the nurse who takes vital signs in an ER — and even has an inkling of abuse and neglect is mandated to report it,” said Gretchen Pianka, a pediatrician who works at York County Community Health Care Center in Sanford.
“There should have been at least half a dozen people who should have seen that. One must have said ‘God, this is strange,'” Pianka said. “It’s supposed to be a safety net. It sounds like that safety net just broke down here.”
Some family members also wondered why Ethan’s injuries didn’t cause concern.
“Southern Maine Med should have said something to somebody,” said Laura Harrington, Ethan’s grandmother and Collins-Faunce’s biological mother.
Southern Maine Medical Center, which operates an emergency room as well as satellite medical facilities, would not comment on the case.
Calls to SMMC PrimeCare Pediatrics in Kennebunk inquiring about Ethan Henderson were referred to Sue Hadiaris, a spokeswoman for Southern Maine Medical Center.
“There is an investigation that’s open right now. There’s not any way we would be able to make any kind of a comment about where Ethan received his care or the care he received,” she said.
While Hadiaris would not say whether the child received care at the Kennebunk office, she said the institution would provide information to authorities “in order to bring this to the best conclusion possible.”
“Anything Southern Maine Medical Center can do to provide information — work with the authorities to help them in their investigation — we’ll be doing,” she said. Hadiaris said she did not know whether the institution had started assisting authorities in that way.
Collins-Faunce told police that he felt overwhelmed when Ethan and his 3-year-old half sister were crying Saturday morning. He grabbed Ethan by the head, squeezed and threw him into a chair, according to an affidavit prepared in support of his arrest.
When Ethan had trouble breathing, Collins-Faunce called 911. Ethan was taken to Southern Maine Medical Center and then transferred to Maine Medical Center. He died early Tuesday morning after being taken off life support.
The police affidavit includes a comment from a DHHS worker, who said the department had received a referral from the day care provider for Ethan’s half sister. The report said the girl was “covered in bruises” and that Ethan and his twin, Lucas, were sick but not receiving medical attention.
The report does not indicate when that referral was received or what action DHHS took. Social workers, accompanied by members of the York County Sheriff’s Office, did go to the house at 521 Limerick Road and removed the other two children. DHHS has declined to comment on the case.
DHHS probably should have been notified when Ethan, at 4 weeks old, was brought in for treatment of the broken arm, what his father described as a hairline fracture, advocates say.
“If anyone knows of a broken arm and they’re a mandated reporter, they would be required by law to report that,” said Leah Paltanawick, prevention educator with Kids Free to Grow, a York County child abuse prevention group. “You don’t just report child abuse. You report any suspicion of child abuse.”
Collins-Faunce told police that Ethan’s arm became stuck between the crib rail and the bumper and he snapped it when he picked him up, though he later changed his story.
“Maybe he was very convincing in his lie,” Paltanawick said. “It’s not up to the mandated reporter to try to determine abuse.”
Paltanawick, who puts on classes for mandated reporters, including day care providers and school teachers, said it’s helpful to understand the family situation.
“If you know there’s twins in the house and you know there’s another child, you know there’s an awful lot of stress,” she said. “If you’re seeing injuries on a 4-week-old baby, that should be a red flag. … If anyone notices poor hygiene, that’s another sign something isn’t being take care of with the child.”
“If something had been reported at that time, DHHS would have probably seen a pattern of injuries and it would have increased their case,” Paltanawick said.
It is not clear exactly what treatment Ethan received and from whom.
If DHHS was alerted to the injury, there is no indication that an investigation was conducted. A DHHS workers who met with Maine State Police after Ethan was hospitalized did not indicate that the department had a report of the broken arm.
Pianka, the pediatrician who also is vice president of the Kids Free to Grow board of directors, said there can be unintended consequences to reporting possible abuse.
“Most of the time, when I call DHHS on a family, I lose the family,” she said. “I never see them again. I think some families are looking for providers who won’t notice bruises.”
“I’ve seen kids with burns on their hands and they have a really good story; but I say, ‘I’m sorry. I just have to do this. It’s my license. It’s my job,” Pianka said.
The law mandating reporting by those people who have contact with children in their professional capacity does not include any penalties for failing to report.
Myra Broadway, executive director of the Maine State Board of Nursing, said she hopes than any failure to comply with the mandated reporting law would be referred to licensing authorities for review.
Pianka said she also encounters parents who were abused themselves — as Collins-Faunce apparently was — and who are hitting their children at a young age.
“They’re doing the exact thing they don’t want to do because it happened to them,” she said. She tries to suggest other approaches without alienating them, she said. “It seems like there is a window of opportunity. If you could reach them, you might help them get some new tools.”
Family members plan to hold a candlelight memorial for Ethan at 7 p.m. Saturday at his home at 521 Limerick Road in Arundel.
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