Judge Orders Brain-Damaged Baby to Remain on Life Support

Originally published by The Associated Press, May 15, 2002

SANTA ANA — A judge refused to give a mother sole custody of her brain-damaged infant, preventing her effort to take the child off life-support machines.

Orange County Superior Court Judge Richard Behn ruled Tuesday that neither parent is fit to care for the 8-month-old Christopher. The child's father, Moises Ibarra, is accused of abusing the baby and causing his injuries. Ibarra wants his son to live.

But the child's mother, Tamara Sepulveda, said she's frustrated about her son's condition and wants to pull him off of life support. The judge also found fault with Sepulveda, who he believes failed to prevent the abuse.

"This court is going to make medical decisions for this child," Behn said. "There's going to be no medical treatment other than that that sustains life."

The baby will remain on life support indefinitely. The judge ordered the county's Social Services Agency to monitor the baby's health but prohibited officials from making any medical decisions that could end the baby's life.

Doctors said the boy suffered a devastating brain injury in December and will never recover. He breathes with the help of a machine pumping oxygen through a hole in his throat and is fed through a plastic tube inserted into his stomach.

Ibarra, 23, is facing charges of felony child abuse. If convicted, he faces up to nine years in prison. If his son dies, Ibarra could face a life sentence.