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Woman in battle for custody

Twins were taken by state when mother took them to hospital while she was getting needed treatment

Web posted May 2, 1998

Associated Press

NORCROSS, Ga. -- Because she had no one to watch them, Lolade Delu took her newborn twins with her to the hospital when she needed emergency treatment for birth complications.

Days later, when the Nigerian immigrant was released from Gwinnett Medical Center, she learned the state had taken custody of the babies. Now, she must go through the same steps to get them back as parents accused of abuse, abandonment and neglect.

``I thought that it would just be the emergency room for two or three hours, and someone would watch them for me,'' Ms. Delu, 31, told an Atlanta newspaper. ``I did not even bring that much food. I thought it would be just a little while.''

Ms. Delu gave birth to the twins by Caesarean section April 12. She went to the hospital five days later with complications from the surgery.

Believing she would be at the hospital only a couple of hours, she asked the nursing staff for help finding someone to watch her children. Their father lives in New York.

The nursing staff put her in touch with the hospital's social worker.

Within 48 hours, the state had custody of the children. When Ms. Delu started screaming at social workers to return her children, a doctor had her committed to a mental hospital for postpartum depression and psychotic behavior.

``They said I was crazy because I was screaming,'' Ms. Delu said. ``I am not crazy. They took my babies.''

After two days of observation, she was released with a report that said: ``No psychiatric follow-up indicated or necessary.''

``She was not depressed. She was not treated for depression. We treated her for her heartache for not having her children with her,'' said Carla Stone, a psychiatric nurse at DeKalb Medical Center.

Now, Ms. Delu must prove to a judge that she's a fit mother before her tiny daughters can return home.

Ms. Delu said she never saw anyone from the state Division of Family and Children's Services until April 24, when she was being discharged and two caseworkers brought the babies to the hospital.

A caseworker informed her that the babies were being brought to her only to visit and that she could not get them back until she went to court.

Sarah Brownlee, manager of child protective services for DFCS, said taking custody of children who have no one to care for them is ``standard operating procedure.'' DFCS cannot care for children unless they are wards of the state, she said.

To get her children back, Ms. Delu must follow certain rules. Two caseworkers have already examined her Norcross apartment. Ms. Brownlee said Ms. Delu also needs to provide the names of family members and neighbors whom caseworkers can interview about her.

On Tuesday, she must go to court to prove she is a fit mother. If the judge rules against her, she can appeal and there must be a review within 90 days. Meanwhile, DFCS will allow her to see the babies for one hour each day at the Gwinnett County DFCS office.

Paula Martin, a spokeswoman for Gwinnett Medical Center, said the hospital had no comment on Ms. Delu's treatment or the hospital's role in bringing DFCS into the case.

Meanwhile, Ms. Delu struggles to keep her breast milk flowing and weeps at the sight of the empty baby swings in her living room.

``I never thought I would be in this apartment without my babies,'' she said.