IN RE JUVENILE APPEAL (83-CD) 455 A.2d 1313 (1983) CASE BRIEF

IN RE JUVENILE APPEAL (83-CD)

455 A.2d 1313 (1983)

NATURE OF THE CASE: This was an appeal from a grant of temporary custody of children.

FACTS: The Defendant Mother (D) and her six children lived in a small apartment in New Haven. They were on welfare. The social worker who visited the home 27 times in nine months considered the family situation marginal but noted that the children were not abused or neglected; the children were very happy and active and they had a warm relationship with their mother. On September 4, 1979, D's nine-month-old child died. No cause of death could be determined but there were some unexplained superficial marks on the child's body. The commissioner seized custody of D's children under a 96-hour hold provision in the law. Two days later a petition of neglect was filed against D with affidavits for orders of temporary custody. The petition alleged the death of one child and that D's apartment was dirty, beer cans could be found in the apartment and that D had been observed drinking beer and that the children on one occasion had been left all alone and that two older children came to school without having eaten breakfast numerous times. The court granted the commissioner ex parte temporary custody and noticed a hearing within ten days. At the temporary hearing, the court found probable cause and ordered temporary custody to remain with the commissioner even though there was no evidence of a wrong by D. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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