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Posted: Monday, 19 May 2008 7:49PM

Foster Mom Charged in Little Girl's Death

NEW YORK (AP)  -- A foster mother who has worked as a home health aide for more than 20 years has been charged with killing a 6-year-old girl by giving her a powerful anti-pain patch that was prescribed for an adult, authorities said.

1010 WINS AUDIO: Juliet Papa Reports

Joanne Alvarez, 54, was arraigned Monday night on second-degree manslaughter, criminally negligent homicide and endangering the welfare of child. The manslaughter charge carries a penalty of up to 15 years in prison.

The victim, 6-year-old Taylor Webster, was discovered unconscious Sunday afternoon in Alvarez's home in East Harlem, and was declared dead about two hours later at the hospital, police said.

Assistant District Attorney Penelope Brady told Manhattan Criminal Court Judge Abraham Clott that Alvarez ``gave a confession to me on video at the precinct,'' which the woman's lawyer, Arnold Levine, called a ``misstatement.''

Brady said Alvarez told authorities that Webster had complained of neck pain, and that she had given the child an over-the-counter medication and a prescription painkiller before leaving for a concert Saturday night.

Upon her return home, Alvarez said she gave the child the painkiller patch, Brady told the judge.

Brady said the patch had been prescribed for Alvarez, who she said weighs 260 pounds, and not a child. She pointed out that Alvarez worked as a home health aide for over two decades.

``She couldn't have been more reckless,'' Brady said.

Aside from Webster, Alvarez has five biological children and two adopted children. Brady said she had been investigated twice on charges of excessive corporal punishment, neither of which was substantiated. A third investigation is pending.

Levine pointed out that his client had no criminal record and the investigations had found no evidence of wrongdoing.

``I think this case is grossly overcharged,'' he said.

Clott set bail at $500,000 bond or $100,00 cash. Alvarez remained in custody Monday night. Her next court date has been scheduled for May 23.

The medical examiner's office said toxicology and other tests were needed before it could declare a cause of death. A spokeswoman for the Administration for Children's Services said the agency was investigating, but declined further comment.

(Photos by Juliet Papa)

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