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KIA P. v. McINTYRE

Docket No. 98-9595.

235 F.3d 749 (2000)

KIA P., individually and on behalf of Mora P., an infant, and Mora P., Plaintiffs-Appellants, v. Rosemary McINTYRE, individually and as caseworker, Child Welfare Administration, Doran Delamothe, individually and as supervisor, Child Welfare Administration, Barbara Sabol, individually and as Commissioner of Social Services of the City of New York, Robert Little, individually and as Deputy Commissioner of Social Services of the City of New York, New York City, Defendants-Cross-Defendants-Appellees, Long Island College Hospital and Susan Morance, Defendants-Cross-Claimants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 1999.

Decided: December 5, 2000.

Attorney(s) appearing for the Case

CAROLYN A. KUBITSCHEK, Lansner & Kubitschek, New York, N.Y. (David J. Lansner, Lisa Napoli and Christopher S. Weddle, of counsel), for Plaintiffs-Appellants.

SUSAN CHOI-HAUSMAN, New York City Law Department, New York, N.Y. (Michael D. Hess, Corporation Counsel of the City of New York, Steven Friedman and Barry P. Schwartz, of counsel), for Defendants-Cross-Defendants-Appellees.

JENNIFER BIENSTOCK, Aaronson Rappaport Feinstein & Deutsch, New York, NY, for Defendants-Cross-Claimants-Appellees.

Bruce A. Young, New York, NY, filed a brief for Amicus Curiae the National Coalition for Child Protection Reform.

Nanette H. Schorr, Bronx Legal Services, Bronx, NY, filed a brief for Amicus Curiae Bronx Legal Services.

Before: FEINBERG, VAN GRAAFEILAND and SACK, Circuit Judges.

SACK, Circuit Judge:

This appeal arises from the withholding of a newborn infant from the custody of her parents on the basis of a toxicology test administered shortly after her birth that indicated the presence of methadone in her urine. The infant, plaintiff Mora P., was held by defendant Long Island College Hospital against the stated wishes of her mother for a total of ten days, during the first eight or nine of which the hospital was awaiting the results of a...

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