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Order
of Temporary Custody/Adequacy of Evidence
In this appeal of a trial court’s order sustaining
an ex-parte grant of temporary custody to DCF, the respondent mother
challenged the sufficiency of the evidence underlying the trial
court’s finding. The evidence indicated that on two occasions, pediatric
caregivers were concerned about the mother’s presentation, her relative
incoherence and her judgment regarding caring for her infant son.
On one occasion in the pediatrician’s office, the mother had left
the child on the examining table with her back turned and no one
else in the office. On another occasion, the mother refused to remove
a bracelet with sizable metal spikes on it that the medical providers
determined was a safety hazard to the baby. Additionally, the pediatric
providers were concerned over the mother’s inability to speak coherently
regarding the child’s medical history. DCF was notified and followed
up with a home visit, during which the social worker found the home
dirty and in disarray. The worker also observed that the mother
slept in the same bed as her child and he cautioned the mother that
this posed a safety risk to the baby. DCF decided to remove the
baby and seek an ex-parte OTC. Subsequently, DCF revisited the home
and found that the mother had substantially cleaned it. However,
the mother declined to participate in an offered DCF service that
would expedite reunification and the mother herself later testified
regarding her long struggle with acute mental illness. Based on
the foregoing, the appellate court concluded that there was sufficient
evidence to sustain the OTC.
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