Supreme Court Rules Against Parents In Custody Battle

OMAHA, Neb. - KETV.com

The parents who disconnected their son's feeding tube while he lay hospitalized have lost their latest bid to regain parental rights.

The ruling was handed down Friday by the Nebraska Supreme Court against Joanna and Ben Langston.

The parents lost custody of all four of their children, who currently live in a foster home, after a 2007 arrest stemming from incidents at Children's Hospital.

During the boy's hospitalization there, tests found that he was literally starving.

Omaha police then conducted video surveillance. It showed Joanna Langston disconnect the boy's feeding tube 25 times and tamper with the tube another 12 times.

The parents were convicted of felony child abuse and sentenced to two to three years in prison.

Children's Hospital ICU specialist Dr. Jeffrey DeMare testified that all the Langston children suffered abuse at the hands of their parents. He specifically diagnosed the three older children with Munchausen's Syndrome By Proxy, a condition in which parents' efforts cause real or apparent illness in their children.

Health experts said the condition is usually the result of psychological issues in the parents manifesting in hyper-attentive care or neglect in children so as to bring attention back to the parents.

"Usually, it starts with making up symptoms, 'My kid's got a cough.' Go back and see the doctor again," DeMare said.

According to the Supreme Court, DeMare testified that reuniting the four children with their parents may result in further illness or even the children's deaths.

"The good news is, if you can separate the families long enough till the child is old enough to speak for himself, it affords them some protection. But when the children can't speak for themselves, there's no way to protect them," he said.

Joanna Langston got out of jail about six months ago.

Her attorney made the following statement on her behalf: "The parents and grandparents are devastated by the loss of the children. They are extremely disappointed by the ruling ... they don't feel that justice was done."

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