The mother of slain 5-year-old Eain Clayton Brooks will be allowed to see her newborn baby girl at least twice a week, while the baby’s father – who is charged with killing Eain – will not have access, a judge ruled Wednesday.
Family Court Judge Lisa Bloch Rodwin said she will issue an order giving Nora Brooks, who gave birth earlier this month to Hope Irene Henry, supervised access to the baby through Child Protective Services for visits at least twice a week.
Brooks’ attorney, Peter P. Vasilion, requested access to the baby for Brooks’ father and her maternal aunt, with whom she lives.
The judge said that if the arrangement is OK with the supervisors in the custody case, it is OK with her.
The judge indicated she has issued an order giving temporary custody of the baby to a relative of Brooks.
Meanwhile, Nina Cherian of the Legal Aid Bureau of Buffalo, who represents the baby, said the infant has received all her medical shots and is progressing normally.
The judge issued an order of protection against the baby’s father, Matthew Kuzdzal, barring him from any contact with the baby.
Kuzdzal remains in custody and was brought to Family Court by sheriff’s deputies.
Should Kuzdzal be released on bail, he must stay at least 500 feet away from the infant, the judge ruled.
The judge adjourned the Family Court cases of Brooks and Kuzdzal to Nov. 26.
Child Protective Services workers have begun an investigation into Brooks’ care of Eain.
A child abuse complaint was filed with the state’s central register telephone hotline in Albany on Sept. 18, the day after Eain died from brain injuries.
Police say Kuzdzal, who was Brooks’ live-in boyfriend, inflicted the injuries on the boy at their West Side apartment. Kuzdzal is accused of beating Eain while Brooks was away from the apartment on the evening of Sept. 15.
Although Brooks is named in the complaint, it has not been alleged she caused the abuse.
Relatives of Eain believe the new Child Protective Services investigation centers on Kuzdzal, 26, who has been charged with second-degree murder in the death of Eain.