Civil Proceedings Continue in Dog Cage Case Against Lower Austria

The civil proceedings concerning a 15-year-old boy, who was allegedly confined and mistreated in a dog cage by his mother in Waldviertel, resumed in Krems on Tuesday. This hearing focused on the claim for damages for the boy, with multiple witnesses providing testimony. The victim's lawyers are seeking EUR150,000 in compensation along with accountability for any future damages from the government of Lower Austria, which has denied the allegations.

The civil lawsuit was initiated by the victim's attorney, Timo Ruisinger, in November of the previous year at the Krems Regional Court. The total value of the case is estimated at EUR180,000, which includes EUR150,000 in damages and EUR30,000 for the recognition of future claims. The lawsuit is based on the Lower Austria Child and Youth Welfare Act, under which the province is responsible for child welfare services. Central to the case is the conduct of two employees from the Waidhofen an der Thaya district authority who were involved in the case. The plaintiff's representatives, Ruisinger and Heinrich Nagl, argue that the actions and inactions of these workers are attributable to the provincial government as the agency overseeing child welfare.

According to the lawsuit, there were numerous alerts indicating that the mother was harming the child's welfare, leading to physical and psychological trauma. Two risk reports were submitted, one from the child's school and another from a state clinic, resulting in unannounced home visits by child welfare services on October 28 and November 18, 2022, just days before the child fell into a coma.

During the first visit, both social workers were present; however, on the second visit, only the lead investigator from the district authority attended. Although he noted several concerning signs, he concluded that there was no immediate danger requiring intervention. Ruisinger emphasized that even laypersons could recognize the severely poor medical condition of the child.

The Lower Austrian government, represented by attorney Martin Führer from Urbanek, Lind, Schmied, Reisch law firm, maintained that there was no breach of duty. The response to the lawsuit asserted that all legal obligations were fully met, stating that interventions in parental rights should only occur under strict conditions, making any removal of the minor inappropriate in the circumstances.

Additionally, there was a criminal investigation into the two social workers for alleged abuse of office; however, this case was closed in March. The boy's father, who has been estranged from the mother for years, testified that he last saw his son in May 2022, at which point the child was still healthy and without injuries. He noted the child's silence and emotional withdrawal and claimed he received no information from child welfare services despite being equally entitled to custody.

The boy is now living with his father. The initial incident attracted significant media attention beyond the borders of the province. The 35-year-old mother is accused of beating, binding, gagging, and repeatedly confining her son to a dog cage for extended periods. On November 22, 2022, the undernourished child was in critical condition, surviving only due to the intervention of a social worker who was familiar with the family from prior consultations.

The child was subsequently transported to Donaustadt Clinic in Vienna, where a pediatrician testified to the presence of injuries and multiple bruises. Upon arrival, the child's body temperature was a dangerously low 26.8 degrees Celsius. Legal actions have already been taken against the mother and her friend, who is believed to have aided in the abuse. In a jury trial in February 2024, the mother was sentenced to 20 years in prison for attempted murder, abuse, and neglect of a minor, as well as unlawful confinement. Her accomplice received a 14-year sentence for her role in the ongoing violence, with both women being ordered to undergo treatment at a forensic therapeutic facility. These sentences have been confirmed as final.