Custody shuffle leaves girl in limbo 2-year-old was shifted between families and hospitalized for fractures

Milwaukee Journal Sentinel (WI)

Author: MARY ZAHN; Staff Milwaukee Journal Sentinel

Two-year-old Martha has twice been sent back and forth between her adoptive family in Pennsylvania and a foster family in the Milwaukee area when her adoptive parents could not decide whether they wanted her. She ended up with the foster family — and in a hospital with serious injuries.

On Thursday, Children’s Court Judge Michael Malmstadt was told that Martha’s adoptive mother in Pennsylvania has again decided that she wants the girl back.

Because Pennsylvania courts never finalized the termination of parental rights, it is unclear whom Martha belongs to, authorities said.

Martha, who had been orphaned in Guatemala, is now in a different Milwaukee-area foster home and is recovering from a skull fracture, wrist fractures and other injuries that doctors reported were "too numerous to count."

A criminal investigation involving the previous foster home is continuing.

Martha’s adoptive parents have not seen her since she was placed with the Milwaukee-area couple in January for the second time for the purpose of adoption, authorities told the judge.

The Pennsylvania couple, who are divorcing, listened to the court hearing on a speakerphone.

Martha’s adoptive mother was "devastated and appalled" by the girl’s injuries, Carol Gapen, a Madison attorney representing the mother, said after the hearing. She had given her up because she wanted Martha to be in a two-parent family, and the mother now thinks she has a strong enough support system to raise the girl by herself, Gapen said.

Martha’s move from family to family began in August 2004, about five months after the Pennsylvania couple adopted her from Guatemala. The couple decided to put Martha up for adoption, and she ended up with the Milwaukee foster parents.

About three weeks later, the Pennsylvania couple changed their minds, and Martha was sent back to them. In January, they filed papers in Pennsylvania indicating they were terminating their parental rights, and Martha was sent back to the Milwaukee couple.

In August, Martha was removed from the foster home when the girl’s injuries were discovered.

"This child has ended up being the innocent victim of blind justice," Malmstadt said, adding that he will consult with the Pennsylvania judges involved with the case before the next hearing on Oct. 4.