B. S. v. Somerset Cnty.

Daughter, born in June 2004, suffered medical problems that stunted her growth. In October 2005, Mother took Daughter to Dr. Lindblad, who diagnosed failure to thrive. She was treated inpatient for six days and gained 50 grams per day, a gain normal for a child of Daughter’s age and condition. After returning to Mother’s care, Daughter gained only four grams per day. Lindblad again prescribed inpatient treatment and, in April 2006, concluded that Daughter’s condition was psychosocial; he feared that Daughter was neglected and noted concern about Munchausen by proxy. He spoke to a child welfare caseworker, who was already investigating the situation. A judge ordered Daughter removed to her father’s home, with Mother to have only supervised visitation. Caseworkers thought it unnecessary to hold the hearing that Pennsylvania law would require were Daughter taken into state custody. Mother received no explanation of how to arrange for a hearing. After Daughter was removed, discrepancies in her recorded weights were discovered. Mother’s habeas petition, filed 40 days after removal, was rejected. Mother and father later agreed to share custody. The district court rejected Mother’s 42 U.S.C. 1983 suit. The Third Circuit reversed and remanded for trial on procedural due process claims. View "B. S. v. Somerset Cnty." on Justia Law