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A State Judge in Suffolk Is Sued for Sending Five to Foster Homes

New York Times (1857-CurrentJiIe); Oct 16,1977; ProQuest Historical NewspapersThe New Yotk Times (1851 - 2006)

Pg- 59

A State Judge in Suffolk

Is Sued for SendingFive to Foster Homes

A State Supreme Court justice in Suf-

folk County •*» ordered lot August tint the five children of a feuding East Islip, UL, eonpJete seat to foster homes las been accused in a lawsuit of acting

illesally.

fag- 23 tearing had been iafermed ttet

its aim was to remove tte

children.

"Tte Judge did not conform Witt what

we think en the comt*nnyilrnd ^1ntt^

M>

^*

of doe process," ate said. *Ve did not make the kind of finding required under the Family Court Act end he should have appointed a guardian as required by tte

act"

'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 added that she was present on Sept 29 daring

an bour-and-a-quarter meeting between Mrs. Marzocco and her children. She de- scribed tte children as "confused and

upset* And when their mother left, ate

said, they were crying and saying: "We want to go with you, Mommy. Why can't we go hone?" "They tried to push out tte door with their mother." Miss Lowry said, "tat she

closed tte

door, crying, tefling them:

to

be good.— Miss Lowry said one of the children, Dorothy, had a red left ey» and « bruised elbow. And another ted tte left side of tte face scraped. But the county's deputy commissioner of social services said that

"Don't make any trouble. You have

his department

had

investigated

and

In the suit, filed on tetetf of tte cfeB- dren in Federal District Court in Brook- lyn, a Mew York CSvH Liberties Union iawver, Marcia Robinson Lowry, said Jtes- tiee John G. McCarthy hid issued hit onter "without prior notice, a full hew- tte appointment of counsel few the it plaintiffs and without mating any : findings or entering any written orders."

"I don't understand this lawsuit," Jus-

tice McCarthy said after being served a show-cause order. Tve got nine children of my own. My duty is the protection of the five children; Their parents vert fighting over them as if they were physi- cal possessions. These children were just like flftwiM.**

"fm not saying that the children sight not be better off in foster tomes," Miss Lowry explained after the suit was filed. "Fm just saying the judge acted improp- erly."

Background of the Cm

Justice McCarthy explained that-last Aug. 23, Phillip Marzocco, a county main- tenance employee, and his wife, Wmona. appeared in court in a -dispute over the custody of their five children, I to 9 years old, pending the outcome of a divorce

found ttet tte injuries had not been in- flicted by the foster parents. "I really dont know why we're in- volved," the deputy commissioner. Edwin

band had tte children at bis home at PawtOc, said. "We had written instruc-

tions from tte judge to take custody of

"Mrs. Marzocco learned ttet her bus-

47 Sherwood Drive in East Wip," Justice McCarthy said, "and she ran from tte courtroom. He ran after her. 1 became concerned for tte safety of the children' and caHed tte police. I told them to bring the children and everyone else bade to wurt." According to Justice McCarthy, tte po- lice were familiar with tte case. He said they ted toid him that "tte kids ted teen snatched a couple of asses" by one of the estranged parents when they were staying with the otter. Justice McCarthy said he had talked to the children in his chambers and then :atied in tte county's Department of So- :ial Services to ask that physical, psychi- atric and otter examinations be given. The police officer who had been to the iioiwe, Justice McCarthy said, reported that there was no furniture in it and that Mrs. Marzocco had taken It all and had moved in with friends in Lewttown, LJ. "The children were dirty and had some narks on them," Justice McCarthy said, ind so be called in the Child Protective Service. "We had a tearing at S o'clock [RM.], then I issued an order off the aench. I ordered that a transcript be made and be given to Social Service, which is, in effect, aa order. It provided that, until further notice, tte children be placed in foster homes and have psycho- logical, physical and sociological evalua- tions done. In seeking a declaratory judgment from the court that the constitutional rights if tte children had been violated. Miss Lowry said that none of the parties at the

tte cUdreo and we did. We placed item k» a single tester hons* at first. Thfa didn't work out weB so w* separated them, placing the three boys in one home and tte two 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 fur

without aa appropriate court order, vio- lated tteir rights to feaaOy integrity, due process aad emu! protection." Justice McCvttgr said another tearing on tte question «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 they shouM not te repaired to retnm tte ehfl. to tbtir

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