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

New York Times (1857-CurrentJiIe); Oct 16,1977;

ProQuest Historical Newspapers The New Yotk Times (1851 - 2006)
Pg- 59
A State Judge in Suffolk Is Sued for Sending Five to Foster Homes
A State Supreme Court justice in Suf- fag- 23 tearing had been iafermed ttet tte cUdreo and we did. We placed item
folk County •*» ordered lot August its aim was to remove tte children. k» a single tester hons* at first. Thfa didn't without aa appropriate court order, vio-
tint the five children of a feuding East "Tte Judge did not conform Witt what work out weB so w* separated them, lated tteir rights to feaaOy integrity, due
Islip, UL, eonpJete seat to foster homes we think en the comt*nnyilrnd ^1ntt^M>^* placing the three boys in one home and process aad emu! protection."
las been accused in a lawsuit of acting of doe process," ate said. *Ve did not tte two girl* in another." Justice McCvttgr said another tearing
illesally. make the kind of finding required under to tte suit, the coonty-j «-' ri" Tl1 "— on tte question «f custoay would be held.
In the suit, filed on tetetf of tte cfeB- the Family Court Act end he should have of Social Service*, Jane* Erty, and Oct 24. MaaawluU, these named in tte.,
dren in Federal District Court in Brook- appointed a guardian as required by tte several caseworkers are named aa drfend- saU are scheduled to appear in Federal.
lyn, a Mew York CSvH Liberties Union act" aati on the ground that their taking cot- court on Wednesday to show why they
iawver, Marcia Robinson Lowry, said Jtes- 'It is an important decision to take tody of the children -without their par- shouM not te repaired to retnm tte ehfl.
tiee John G. McCarthy hid issued hit children from their parents," Miss Lowry cuts' concent and without any basis fur to tbtir
onter "without prior notice, a full hew-
tte appointment of counsel few the said, "and it should be done only after
it plaintiffs and without mating any alt court standards are fottowed."
: findings or entering any written Tte Civil Liberties Union lawyer added
orders." that she was present on Sept 29 daring
"I don't understand this lawsuit," Jus- an bour-and-a-quarter meeting between
tice McCarthy said after being served a Mrs. Marzocco and her children. She de-
show-cause order. Tve got nine children scribed tte children as "confused and
of my own. My duty is the protection upset* And when their mother left, ate
of the five children; Their parents vert said, they were crying and saying: "We
fighting over them as if they were physi- want to go with you, Mommy. Why can't
cal possessions. These children were just we go hone?"
like flftwiM.** "They tried to push out tte door with
"fm not saying that the children sight their mother." Miss Lowry said, "tat she
not be better off in foster tomes," Miss closed tte door, crying, tefling them:
Lowry explained after the suit was filed. "Don't make any trouble. You have to
"Fm just saying the judge acted improp- be good.—
erly." Miss Lowry said one of the children,
Background of the Cm Dorothy, had a red left ey» and « bruised
Justice McCarthy explained that-last elbow. And another ted tte left side of
Aug. 23, Phillip Marzocco, a county main- tte face scraped. But the county's deputy
tenance employee, and his wife, Wmona. commissioner of social services said that
appeared in court in a -dispute over the his department had investigated and
custody of their five children, I to 9 yearsfound ttet tte injuries had not been in-
old, pending the outcome of a divorce flicted by the foster parents.
"I really dont know why we're in-
"Mrs. Marzocco learned ttet her bus- volved," the deputy commissioner. Edwin
band had tte children at bis home at PawtOc, said. "We had written instruc-
47 Sherwood Drive in East Wip," Justice tions from tte judge to take custody of
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

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