Judge Halts Mother’s Efforts to End Baby’s Life

An Orange County judge refused to award a mother sole custody of her severely brain-damaged infant Tuesday, blocking her effort to take the child off life-support machines.

She and the boy’s father disagree about whether the child should remain on life support. The father, accused of causing the boy’s injuries and awaiting trial on assault charges, would face a homicide charge if 8-month-old Christopher Ibarra died.

Judge Richard E. Behn ruled neither parent is fit to care for the child. He faulted the father for abusing the baby and the mother for failing to prevent the abuse.

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

“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.”

Doctors have concluded that Christopher suffered a “devastating” brain injury 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.

Outside the courtroom, Christopher’s mother, Tamara Sepulveda, said she’s frustrated that her son remains in a vegetative state.

“It’s not going to happen right now, but I have to be patient,” she said. “I want the best for my child.”

The boy’s grandmother, Susan Sepulveda, said the family continues to believe that taking Christopher off life support is the only way to end the baby’s suffering.

“There’s no life there. There’s no life in his body. That’s the hardest part, looking at somebody lying there,” Susan Sepulveda said. “He can’t do anything. He can’t even blink.”

The boy’s 23-year-old father, Moises Ibarra, is held at the Orange County Jail on suspicion of felony child abuse. He is awaiting a preliminary hearing.

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

Tamara Sepulveda said she will continue efforts in court to gain control over medical decisions involving Christopher. But the judge said it is premature to consider turning off the life-support machines.

“The mother would go down and turn off the machines tomorrow,” he said. Behn said that wouldn’t happen without an additional hearing.