Wiretapping Law Question ( Tough One)

I have a situation whereas a person gave verbal permission to a 3rd party to monitor a telephone conversation as part of a custody plan.The agreement was to allow a foster parent to listen in for several minutes to ensure the mother did not say anything that would upset the child.
What happened was the foster mother took it upon herself to record the conversations in their entirety, repetitiously over a 4 month period to enhance investigative efforts initiated by the opposing party.The recorded conversations were then transcribed and used against the mother in court which was not part of the agreement.

The question is: If a person gives consent to allow someone to listen to a part of a conversation,is the listener(3rd party) allowed to record and disclose the conversation against the persons wishes contrary to the original agreement?
Remember permisiion was given to listen in and no permission was given to record.
For reference,view USC Title 18,PartI Chapter 119 section 2510 through 2511

Thanks!

What state did this occur in?

Carl

Tennessee,
I guess another way to present the question is:
does allowing 3rd party consent to listen give the 3rd party right to record
I do know California specifically differs between listen and record