The Chicago Family Law Blog

Facebook Gag Baby a Gag?

A Chicago South Side father went viral for all the wrong reasons.

You probably saw pictures of the Facebook gag baby. A man posted pictures of his 22-month-old daughter on Facebook bound in blue painter's tape. After the Department of Children and Family Services (DCFS) got wind of the post, they begun an investigation into child abuse and possible child removal.

But the father, 21-year-old Andre Curry, says it was all a big joke, reports the Chicago Sun-Times.

The little girl was playing with the colorful tape when Curry allegedly decided to put the blue tape over her mouth, and tied her wrists and ankles as well. Curry then used his cell phone to take the incriminating photos posting them on Facebook with the caption, "This is wut happens wen my baby hits me back. ; )," reports the Sun-Times.

Curry is now facing criminal battery charges and a DCFS investigation into child abuse. If the DCFS finds abuse, it is possible they could remove the little girl from Curry's care. The young man is already forbidden unsupervised contact with his daughter pending the investigation.

However, Curry pleads that it was all a big joke. In Illinois, someone can be charged with child abuse for several reasons including causing physical injury to a child, torturing a child, and inflicting excessive corporal punishment.

In the case of the bound baby, his intent in the Facebook baby gag may matter. If the photo was intended to be a joke, and the little girl was only bound for moments, the DCFS may find that it was just one truly tasteless joke. And even if the agency finds that there was abuse, it may be unlikely that they would remove the baby from his care, if Andre Curry can show that he had no intent to hurt the baby.

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