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How Will It Play in New York?

By Janice G. Inman

Judge Marilyn O'Connor of Family Court, Monroe County, issued a controversial order in March barring a frequently homeless couple from having any more children until they can show that they will be able to care for the four children they already have. The case, Matter of Bobbijean P., N.Y.L.J. 5/17/04, Vol. 94; Pg. 20, came before the court after a child born to the couple in March 2003 was removed from their care 1 week after birth. The child was found to have cocaine in its system at birth, just like two of its older siblings; all four children, currently ranging in age from 1 to 6 years old, were placed in foster care soon after their births.

Neither parent chose to attend the hearing at which the order was issued, and neither of them was represented by counsel. The judge found, based on uncontroverted evidence, that the couple had abused drugs for years, had not supported their children, and that both parents were guilty of neglect. She then issued her order, which prohibits either parent from having more children, but does not require the couple to seek sterilization or impose any particular birth control method on them. Nevertheless, should the woman become pregnant or the man father a child following the date of the court's order, the respondents could be subject to sanctions for contempt.

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