my mother sued the judge

8/7/2019 my mother sued the JUDGE

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State Judge in Suffolk Is Sued for Sending Five to Foster Homesew York Times (1857-CurrentJiIe); Oct 16,1977;

Historical NewspapersThe New Yotk Times (1851 - 2006)

- 59

State Judge in Suffolk Is Sued for Sending Five to Foster H o m e s

State Supreme Court justice in Suf-County •*» ordered lot August

the five children of a feuding EastUL, eonpJete seat to foster homes

been accused in a lawsuit of acting

In the suit, filed on tetetf o f tte cfeB-in Federal District Court in Brook-a Mew York CSvH Liberties Union

Marcia Robinson Lowry, said Jtes-John G. McCarthy hid issued hit"without prior notice, a full hew-

tte appointment of counsel few theit plaintiffs and without mating any

tte cUdreo and we did. We placed itemk » a single tester hons* at first. Thfa didn't

work out we B so w* separated them,placing the three boys in one home and

ttetwo girl* in another."

to tte suit, the coonty-j «- ' ri"Tl1

"—

of Social Service*, Jane* Erty, and

several caseworkers are named aa drfend-aati on the ground that their taking cot-tody of the children -without their par-cuts' concent and without any basis fu r

: findings or entering any written

don't understand this lawsuit," Jus-McCarthy said after being served a

order. Tvegot nine childrenmy own. My duty is the protectionthe five children; Their parents vert

over them as if they were physi-

possessions. These children were just

not saying that the children sightbe better off in foster tomes," Miss

explained after the suit was filed.just saying the judge acted improp-

Background of the Cm

McCarthy explained that-last23, Phillip Marzocco, a county main-

wife, Wmona.in court in a -dispute over the

dy of their f ive children, I to 9yearspending the outcome of a divorce

fag- 23 tearing had been iafermed ttet

its aim was to remove tte children.

"Tte Judge did not conform Witt whatwe think en the comt*nnyilrnd ^1ntt^

M>^*

of doe process," ate said. *Ve did notmake the kind of finding required under

the Family Court Act end he should haveappointed a guardian as required by tteact"'It is an important decision to take

children from their parents," Miss Lowry

said, "and it should be done only after

alt court standards are fottowed."

Tte Civil Liberties Union lawyer addedthat she was present on Sept 29 daringan bour-and-a-quarter meeting betweenMrs. Marzocco and her children. She de-scribed tte children as "confused andupset* And when their mother left, atesaid, they were crying and saying: "Wewant to go with you, Mommy. Why can't

we gohone?""They tried to push out tte door with

their mother." Miss Lowry said, "tat sheclosed tte door, crying, tefling them:"Don't make any trouble. Yo u have tobe good.—

Miss Lowry said one of the children,Dorothy, had a red left ey» and « bruisedelbow. And another ted tte left side oftte face scraped. But the county's deputycommissioner of social services said thathis department had investigated andfound ttet tte injuries had not been in-flicted by the foster parents.

"I really dont know why we're in-Marzocco learned ttet her bus- volved," the deputy commissioner. Edwin

had tte children at bis home at PawtOc, said. "We had written instruc-Sherwood Drive in East Wip," Justice tions from tte judge to take custody of

said, "and she ran f rom tteHe ran after her. 1 became

for tte safety of the children'caHed tte police. I told them to bringchildren and everyone else bade to

to Justice McCarthy, tte po-were familiar with tte case. He saidted toid him that "ttekids ted teen

a couple of asses" by one ofestranged parents when they were

with the otter.McCarthy said he had talked

children in his chambers and thenin tte county's Department of So-

Services to ask that physical, psychi-otter examinations be given.

police officer who had been to theJustice McCarthy said, reported

there was no furniture in it and thatMarzocco had taken It all and had

in with friends in Lewttown, LJ.children were dirty and had some

on them," Justice McCarthy said,so be called in the Child Protective"We had a tearing at S o'clock

then I issued an order off theI ordered that a transcript bemade

be given to Social Service, whicheffect, aa order. It provided that,further notice, tte children bein foster homes and have psycho-physical and sociological evalua-

done.seeking a declaratory judgment f romcourt that the constitutional rights

children had been violated. Misssaid that none of the parties at the

with permission of the copyright owner. Further reproduction prohibited without permission.

without aa appropriate court order, vio-

lated tteir rights to feaaOy integrity, dueprocess aad emu!protection."

Justice McCvttgr said another tearing

on ttequestion «f custoay would be held.

Oct 24. MaaawluU, these named in tte.,saU are scheduled to appear in Federal.

court on Wednesday to show why theyshouM not te repaired to retnm tte ehfl.

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