Castorr v. Brundage

674 F.2d 531 (6th Cir. 1982)

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Nature of the Case

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Facts

Donald Castorr was born in 1970. By the time he was five, questions began to be asked regarding the child's development as to why he had the bone development of a 2.5-year-old, walked like a 2-year-old, and was not yet toilet trained, and still wore diapers. There was no doubt that Donald was grossly underdeveloped mentally, physically, and emotionally. Donald was diagnosed with deprivational dwarfism; from a lack of emotional interaction and maternal bonding between mother and child evidenced by the absence of physical contact such as kissing, holding, and hugging which can result in subnormal development including height and weight. Court proceedings were initiated, and the child was made a ward of the state, the parents consented to his placement in foster care and were ordered to participate in counseling. During the dispositional hearing, the judge heard conflicting evidence regarding whether the Castorr's (P) parental rights should be terminated. However, one fact was uncontroverted in that Donald's condition had improved dramatically and within a few months the boy had gained 12 pounds and grown five inches; an average child of his age would have gained 5 pounds and grown two inches during the comparable period. Donald's mental and psychological condition was so improved that there was no doubt that he was a textbook case of deprivational dwarfism. The court ordered termination of parental rights as per the recommendation of four experts. P filed a habeas corpus claim in federal court.