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Judge hears arguments for lawsuit filed against DCYF over infant's death

Judge hears arguments for lawsuit filed against DCYF over infant's death
WHILE HER DEATH IS TRAGIC, IT WAS ALSO ACCIDENTAL. 17 DAY OLD MADELEINE KITNER DIED IN JANUARY OF 2022. AN AUTOPSY REPORT LISTED THE CAUSE OF DEATH AS ASPHYXIA DUE TO SUFFOCATION. THIS WILL BE A FOREVER INJURY TO THEM. THEY DON’T HAVE A GRANDCHILD. ON MONDAY, AN ATTORNEY FOR MADELEINE’S GRANDPARENTS APPEARED IN MERRIMACK SUPERIOR COURT FOR A HEARING ON A LAWSUIT THEY FILED AGAINST NEW HAMPSHIRE. DCF AND DCF PUT THIS TWO DAY, THREE DAY OLD INFANT UM INTO THE HANDS OF PEOPLE WHO WERE NOT ABLE TO PROTECT HER FROM, UM, THE CAUSES THAT KILLED HER. IN THEIR LAWSUIT, MADELEINE’S GRANDPARENTS SAY THEY FEARED FOR HER LIFE AFTER SHE WAS BORN WITH DRUGS IN HER SYSTEM, AND THEY FELT SHE WAS NOT SAFE STAYING WITH HER MOTHER, SAYING SHE WAS A DRUG USER. RECORDS OBTAINED BY NEWS NINE INVESTIGATES SHOW MADELEINE’S MOTHER TESTED POSITIVE FOR INGESTING FENTANYL WITHIN A WEEK OF THE BABY’S BIRTH. HER GRANDPARENTS ACCUSED DCF OF NOT CARRYING OUT ITS DUTY TO ENSURE THE SAFETY OF A CHILD WHEN IT’S PUT ON NOTICE OF ALLEGED ABUSE, BUT THE STATE IS PUSHING BACK THE STATE. UM, MOVED TO DISMISS OUR COMPLAINT, PARTLY SO THEY DON’T DISAGREE AT THIS STAGE THAT, YOU KNOW, THE CLAIM OF NEGLIGENCE AND BREACH OF FIDUCIARY DUTY CAN MOVE FORWARD IN LITIGATION. THEY JUST DON’T WANT TO LITIGATE THE VIOLATION OF THE STATE CONSTITUTION THAT WE’VE ALLEGED. THE STATE’S ATTORNEY HAS DECLINED AN INTERVIEW, BUT THEY HIGHLIGHTED IN THEIR MOTION THAT MADELEINE’S DEATH WAS NOT DRUG RELATED OR CRIMINAL. IN NATURE. NO DECISION FROM THE JUDGE THI
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Judge hears arguments for lawsuit filed against DCYF over infant's death
The grandparents of Mattilyn Kitner said they feared something bad would happen to her, and they said DCYF bears responsibility for the newborn's death. The states disagreed, saying that Mattilyn's death was tragic, but accidental.

The grandparents of Mattilyn Kitner said they feared something bad would happen to her, and they said DCYF bears responsibility for the newborn's death. The states disagreed, saying that Mattilyn's death was tragic, but accidental.

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