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and either one of their children hadn't had the mumps yet, or there were other children staying with them who hadn't had the mumps, or else there was an expectant mother in the home. MR. GALANE: Does the child have a mother? ROBERT FOLKER: No, sir. MR. GALANE: Did the grandmother know where you were working? ROBERT FOLKER: She was not even home when I took Eddie. COMM. WHIPPLE: The child had mumps in the nursery and was left there with the full knowledge that he had the mumps and could expose other children. After the experience of the child who had chicken pox, Connie promised if another situation like that arose she would immediately get the child removed, that is, if there was another child with a contagious disease. MR. GALANE: The child was brought there without the disease and became ill. Dr. LaCanna instructed them to isolate him and the child was isolated. Effort was made to place the child elsewhere. If you are going to be fair how can you hold Mrs. Mormon responsible? Which would be the worse crime — setting him out in the street, or isolating him as she did? I think if Connie Mormon had put that child out after that child became ill in that home she would have been liable for damages. Having voluntarily gone into business to take care of children, the father could have sued her and he would have had a case. COMM. SHARP: How long after the child was admitted was it discovered that he had the mumps? MR. GALANE: Twenty-four hours. MR. CORY: Did you advise Connie Mormon to remove this child? MR. GALANE: I advised her to try to remove the child, and to contact Dr. LaCanna to get his advice. MR. CORY: Would you agree that the testimony of Dr. Carr was to the facilities of the room? MR. GALANE: No. Dr. Carr said he conferred with Dr. LaCanna and that he approved the facility, and Dr. LaCanna instructed the child be bedded down. You cannot say we did not try to find a place for the child. MSGR. CARMODY: On this particular day in question I know of five adults, whom I saw with my own eyes, who went in there and talked to this child to the extent of shaking hands or gestures. We were not asked to put the mask on or disinfect ourselves. Criticize if you will; we did not think of it ourselves. But as an operator she should have told us to get out. What I have said is my own opinion. I am not dominated by Mrs. Schnaer. MR. GALANE: You charge Mrs. Mormon of being uncooperative and walk in with the open objective of closing her up. It is understandable that Mrs. Mormon had no choice. You charge her with uncooperation and now ask why she didn't throw them out when five of them walked into the room with no protection. If she had thrown them out what would have happened? DORIS EVANS: Mrs. Mormon had a mask around her neck, not over her nose or mouth. Dr. George was with us and we felt there was nothing wrong going in. Had she said not to we wouldn't have. Dr. George told us a hospital will take a child with a contagious disease if there is nowhere else to put the child. JEAN BOMAN: We felt that if there had been a spirit of cooperation the first thing she should have done was to call a member of the Child Welfare Board and ask what she should do, and we would have contacted Dr. George and put the child in a hospital. Mr. Folker and Mrs. Mormon were not using a mask nor the pans of disinfectant that were there. At the time of the chicken pox there was another child running in and out of the room. The way the room is set up it would be impossible to keep other children out. COMM. WHIPPLE: When this boy came down with the mumps did Connie Mormon call any Board member or the Child Welfare Nurse to ask for help? JEAN BOMAN: No, she did not. We asked her and she said she had consulted her attorney. It was at a Child Welfare Board meeting the Tuesday after the child had been put in the nursery on Friday when someone told us there was a case of mumps at Mrs. Mormon's nursery. It was after this meeting that the Board visited the nursery. UNIDENTIFIED MAN: Dr. George was present at that time; did he wear a mask or use the disinfectant? CONNIE MORMON: I didn't believe I was in a position to tell a doctor and nurse what to do. The hospital gown and several masks were available. They asked to see the sick child and walked on in. Am I in a position to tell two professional people what is proper? I have never said anything when they came in and out. Yes, I am guilty of taking care of a little boy the hospital would not take. Dr. Carr and Dr. LaCanna approved the isolation room in which I took care of this child. No, I did not contact the Board. I was never told or asked to contact the Board. I went to Dr. Carr. Dr. George said I am wrong to go to the Head of the Department. It is my misfortune this boy came to my nursery. COMM. WHIPPLE: Why did you not contact the Child Welfare Board when you found out the boy had mumps after you promised you would? You say you didn't know at the time the child had the mumps, but when you did find out, why didn't you 7-22-59