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From:
Baldwin & Friedman <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Wed, 7 Feb 1996 17:17:18 -0500
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Been helping a mother in Colorado whose baby was placed in foster care for
failure to thrive.  The baby was not gaining sufficiently after starting
solids early, which apparently resulted in the baby not nursing enough.
Other factors led doctor to believe that baby was failing to thrive. No
breastfeeding assessment was done by anyone.  Doctor had seen failure to
thrive TV shows last year. Ordered mother to wean immediately and give
formula. Baby rejected formula. After a day or two, situation dire. Doctor
sent mother to hospital. They relied on doctor's evaluation. Fed baby
formula, and sent mother home with instructions to supplement with 12 oz.
formula per day, and continue breastfeeding.  Again, no brf. assessment, no
instruction in ways to solve problem. When doctor found out mother was
insisting on supplementing with a cup rather than a bottle, reported mother
to SSA.(Social Service Agency) Mother did not understand why SSA was
contacting her, and tried to reject services they were offering.  This was
enough for them to decide to get an Order allowing them to take the baby
into foster care. Disaster as mother attempted to flee with baby, and spent
17 days in jail. Finally got baby back, weaned.   SSA brought proceedings
against mother - charging her with neglect.  Jury trial was set for end of
last week.

Dr. Niefort became involved. She spent numerous hours on the phone with the
mother, more time reviewing the medical records, travelled a long distance,
and testified last week in the mother's jury trial - at no charge. She did
an incredible job helping this mother - who was found NOT GUILTY of all
charges. I am very grateful that she took the time and energy to make such a
difference in one of these most difficult cases!

LLL of Colorado, and most especially the APL and AAPL of Colorado, also
provided invaluable assistance in this case.  The AAPL also testified,
explaining how low weight gain would be handled in a 6 mo. old baby. I wish
I could have seen this trial!

Both Dr. Niefort and the AAPL have done something SO WONDERFUL.  They
educated a community, a Judge, a jury, prosecutor's office, social service
agency, local doctors, court personnel and even the press (present in the
courtroom) on how to treat failure to thrive, how to diagnosis it properly,
why breastfeeding is important, why many doctors do not have accurate
breastfeeding information, about the use of cup in feeding premies, and
numerous other issues that were raised.

Hopefully this will do a little to undo some of the negative effects of the
bad publicity surrounding failure to thrive.

By the way, this makes two cases I know of where a baby was placed in foster
care for failure to thrive, as a result of this bad publicity.

This case has helped me to see how important it is that we work together -
for our common goal!

_______________________________________________________________
Elizabeth N. Baldwin,  Esq.        Baldwin & Friedman, P.A.
2020 N.E. 163rd St. # 300          N. Miami Beach, Fla. 33162-4970
Phone:  305-944-9100                Fax:  305-949-9029
[log in to unmask]   http://www.parentsplace.com/shopping/esq/index.html

Breastfeeding and the Law:   http://www.prairienet.org/llli/LawMain.html
_______________________________________________________________

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