In Re Juvenile Appeal (83-CD)

Facts

Defendant and her six children lived in a small apartment in New Haven. They had been receiving protective service family services and support from the Aid to Families with Dependent Children program. A caseworker assigned to the family visited defendant’s home twenty-seven times. She considered the family situation marginal, but noted that the children were not abused or neglected and were happy and active, enjoying a warm relationship with their mother. Defendant’s youngest child died during the night and no cause of death could be determined, but the pediatrician noted some unexplained superficial marks on the child’s back. Plaintiff, commissioner of children and youth services seized custody of defendant’s remaining children because of the unexplained death. Family services filed petitions of neglect for each of the children, alleging the unexplained death, that defendant’s apartment was dirty with numerous roaches, that defendant had been observed drinking beer and had been drunk on one occasion, that a neighbor reported the children had once been left alone all night, and that the two older children had occasionally went to school without eating breakfast. The court granted, ex parte, temporary custody to the commissioner. At a following temporary custody hearing, the deceased child’s pediatrician testified that the external marks on the child’s body were not the cause of death, that no internal injuries were found, and that the child had a viral lung infection. He also explained the term sudden infant death syndrome on cross-examination. The court found probable cause and ordered temporary custody to remain with the commissioner. The defendant appealed.