The right of parents to determine the course of medical treatment for their children has suffered yet another slap in the face.
On April 29, 2013, a hearing took place regarding the Gestapo style abduction by Child Protective Services of 5 month old baby Sammy after his parents, Alex and Anna Nikolayev, took him out of Sutter Memorial Hospital in Sacramento.
They left Sutter Memorial in order to seek a second opinion at Kaiser Permanente, a rival hospital, for Sammy’s flu-like symptoms.
Anna and Alex sought medical treatment at Kaiser because they were extremely concerned about the quality of care baby Sammy was receiving at Sutter Memorial.
When doctors at Sutter Memorial began discussing the possibility of heart surgery for the infant, the alarmed parents took the baby and left as the medical staff would not discharge Sammy so they could seek another opinion regarding the child’s heart murmur.
“If we got the one mistake after another, I don’t want to have my baby have surgery in the hospital where I don’t feel safe,” Anna said.
She added, ”We went from one hospital to another. We just wanted to be safe, that he is in good hands.”
While at the second hospital, medical staff determined Sammy was fine. The attending doctor at Kaiser said in a written statement, “I do not have concern for the safety of the child at home with his parents.”
Despite the all clear from the medical staff at Kaiser, CPS escorted by armed police showed up at the Nikolayev’s home the next day and took baby Sammy in outrageous and dramatic fashion.
Anna’s home video of the incident shows police entering the home.
“I’m going to grab your baby, and don’t resist, and don’t fight me ok?” a Sacramento police officer is heard saying in the video.
Prior to abducting the baby without so much as a warrant, Alex was slammed against a wall, pushed to the ground and his house keys forcibly removed from him after meeting with officers outside.
Worst of all, after taking the baby, CPS returned the child to the protective custody of the exact same hospital the parents had originally fled to seek a second medical opinion – Sutter Memorial – for wanting to perform unnecessary open heart surgery on the infant.
Court Hearing a Slap in the Face to Parent Rights
At a hearing on the matter, Sacramento Superior Court Judge Paul Seave determined that custody should be immediately returned to the parents.
The Nikolayevs can now see Sammy whenever they want. They also supposedly now have full control over the child’s medical decisions.
In reality, however, the Nikolayevs are still under the thumb of CPS and their rights as parents continue to be violated.
Rather than the child returning home where the parents would continue under the care of medical staff at Kaiser Permanente which was their original choice, baby Sammy was transferred by court order to yet a third hospital – Stanford Medical Center.
The judge also ruled that Anna and Alex must follow all medical advice from now on, including not taking their child from Stanford Medical Center without proper discharge.
Why are Anna and Alex being forced to follow the medical advice of Stanford Medical Center and not the medical staff at Kaiser Permanente who determined the child was safe at home for the time being?
Why is this child still in the hospital and not at home and under the supervision of the medical staff the parents originally chose?
Most alarming, Child Protective Services is still involved with this case even after its Gestapo style abduction of the child as captured on home video.
While Sammy will be returned to the custody of his parents upon discharge from Stanford Medical Center, CPS will continue to monitor the situation with regular home visits by a social worker.
Why is CPS being permitted by the court to monitor this child when the parents did nothing wrong?
Inexplicably, Alex and Anna are still vulnerable to future action by CPS for the “crime” of seeking the medical care for Sammy that they saw fit.
Welcome to Soviet Amerika comrades.
Sarah, The Healthy Home Economist
Sources: Judge Orders Transport of Baby Sammy to Stanford Medical Center
Baby Taken By CPS Returned, Parents Ordered To ‘Follow All Medical Advice’
Sarah,
It would be a good idea if you could post where we could contact our dismay at the way CPS is treating this family. Perhaps if they were flooded with emails/calls, it might change their awful treatment. I, for one, feel frustrated at the inability to do anything about this injustice.
It certainly is horrifying!
This makes me want to puke (all over CPS).
@cheyrl, that is what I am wondering as well. Is CPS just allowed free reign, or do they report to anyone? Who keeps them in check?
Sorry, they don’t report to anyone, although they are technically under the guise of “human services.” Most have an ombudsman of some sort, but your complaints will fall on deaf ears. This agency is protected right and left by courts and law enforcement.
this is pathetic and horrifying. I can’t believe the government has say over what two good parents do for their child.
I noticed that while local (Sacramento) news coverage initially talked about Kaiser’s involvement (and the police’s awareness of this) that national news is completely ignoring this part of the timeline, making it sound like the parents took the baby home instead of directly to another hospital.
You are overlooking that these type of stories are happening very frequently. CPS completely ignored the statement of the second doctor or the primary care physician. Their first reaction is to take the child, which is a power and control issue that negates the rights of the parents without due process. The days are in the past where we should trust our government or their agencies to have our best interests in mind. The default position should be that the parents are in primary position, not the State in the form of CPS, Schools, or the medical profession which is a proxy government agency. Wake up!! the system is out of control. The fact that you worked for CPS means only that you know the justification line they use to quiet their consciences when they violate good parents rights. Are there bad parents that need to be confronted by CPS, of course, but they are over reaching and there will be a backlash. You should do a search and start to read the stories of this happening over and over, then decide if you have reason to defend CPS, especially when you piss them off someday and the gestapo bang on your door.
In the original report, the police showed up at Kaiser while the doctor was examining the baby and reassured the police that the baby was receiving proper care. 24 hours later, CPS shows up and with police assistance TAKES the baby – NOT conducting an investigation. The parents had documentation from the second hospital that the baby was fine in their care. This was out of control. I agree with the person who said the original hospital needs to be held accountable for filing a malicious report.
Danielle-thanks for sharing that info! Thankfully my kids are all healthy but as parents we should have the right to seek holistic treatments too!
What can we do? I want to do something. What should I say when I call my Senators and Representatives? It is not for lack of willingness to take action but a lack of the words to say! Any suggestions would be greatly appreciated!!