New York Family Court Holds Child Welfare Agency in Contempt for Arbitrarily Retaining Baby in Foster Care for Nine Days Instead of Placing Her With Her Uncle as Ordered
New York Mother of three suffers from depression.
Baby is hospitalized for “failure to thrive”.
Children, including Baby, are removed from Mother’s care.
Court orders that Baby’s Uncle be investigated for possible placement of Baby with him.
In Court several days later, the Child Welfare Agency clears the Uncle but cannot produce the court-ordered written report.
Court investigates Uncle and approves him as well.
Baby’s Guardian ad Litem approves placement with Uncle.
Parties reach agreement on placement of Baby with Uncle.
Court orders liberal visitation by Mother, supervised by Uncle.
Family Court orders that Baby be placed into the custody of Uncle.
Child Welfare Agency delays actual placement with Uncle for nine days, for reasons that are not clear – if any.
Baby and Mother (and Baby’s siblings) are thereby deprived of substantial (six hours) daily timesharing and bonding.
Court holds Child Welfare Agency in contempt for its delay in placing Baby with Uncle … and fines Child Welfare Agency $2,500 plus costs. And awards Mother damages.
