BUFFALO, N.Y. - The legal drama over the adoption of Baby N continues and now there is a gag order.

The now 3-year old girl was placed in foster care when she was 12-weeks old after being diagnosed with "failure to thrive." The Schneiter family fostered the child until she was 15-months old. She was removed from the home after Erie County Department of Social Services fought in court to have the child placed in a foster home with her biological siblings.

Not long after the Schneiters did an interview with Channel 2, they were back in court and a gag order was issued.

MORE: Watch Claudine Ewing's original report

Erie County Legislator Patrick Burke is following this case and speaking out. When asked if the gag order is a move to keep the Schneiters quiet he said "I don't think it's to shut up the family," adding that he believes DSS is concerned about the publicity of this case.

"A public fight is not in the best interest of the child, but I can see from other people's point of view, wait a minute now we can't even talk about this," Burke said.

The county lawmaker is aware of previous rulings where it was decided that the child should have remained with the Schneiter family, but was instead removed.

"I think the initial decision I don't agree with I don't think it was in the best interest of the child to take the child away from the Schneiters," he said.

Now the question is what is best for the child since she's been in a new foster home longer than she stayed with the Scheiters.

Burke thinks there should be an ombudsmen.