Page:Schenck v. Knight.pdf/4

Rh adoption, even to threats of retaining permanent custody of Donna Marie and never permitting her to return home unless they did agree to release the child for adoption.

In any event, following the birth of the child at St. Vincent Infirmary in Little Rock, the Child Welfare personnel went to the hospital to present release papers for Donna Marie to sign. They testified that when they arrived at the hospital, Donna Marie and her mother, Mrs. Brown, had just seen the baby for the first time; that they were both upset and crying and the release papers were not submitted to them for signing. Both Donna Marie and Mrs. Brown opposed the release of the child for adoption and they both testified they had never agreed to release the child for adoption and never had any intention of doing so.

On October 20, 1971, a petition signed by Jamie Newson was filed in the Pulaski County Juvenile Court alleging Patrick Daniel Schenck to be a dependent and neglected child for the reason:

"That he is without proper parental care and supervision and dependent upon the public for support."

The form petition then prayed that the court declare said child to be dependent and neglected and to:

"[M]ake an order for the welfare of Patrick Daniel Schenck, placing him in the legal custody of the Director of Family and Children's Services, State Department of Public Welfare."

On the same date, October 20, 1971, an order designated "Order of Temporary Custody" was signed by the judge and a referee of the Pulaski County Juvenile Court and it recited as follows:

"This cause coming on for hearing and the Court finds that the said Patrick Daniel Schenck is a dependent and neglected child in that he is without proper parental care and supervision and dependent upon the public for support.

WHEREFORE it is hereby ordered by this Court that the said Patrick Daniel Schenck, be placed in