Baby Sammy In Sacramento – UPDATE!

California-CPS-ROH We wrote the other day concerning a Sacramento, California couple who, concerned for the health of their 5 month old baby, removed him from one hospital where the care was less than stellar and took him to another hospital. The child was then taken by the police and the less than aptly named “Child Protective Services.”

On Monday, a judge ruled the child could be returned to the parents under some rather odd conditions.

Five-month-old Sammy, who was removed from his parents’ custody by Sacramento County Child Protective Services last week, will be transported to Stanford Medical Center in Palo Alto, a Sacramento County judge ruled Monday. The baby has been in protective custody at Sutter Memorial Hospital.

The court also ruled Monday the parents must following all medical advice from now on, including not taking their child from Stanford without proper discharge.

A county social worker will make regular house visits to check on Sammy once he is returned home.

So the child was removed from the parents and taken to the same hospital where the child was receiving medication for absolutely no medical reason. That same hospital was then allowed to say “the child was in bad shape,” to a judge, despite another hospital saying the child was medically fit to return home. Does anyone but us think that Sutter Memorial Hospital’s testimony should be viewed as self serving? Why wasn’t the child taken to Kaiser?

(Oh yeah…. because Kaiser had said the child was fine and CPS and Sutter couldn’t allow that to stand.)

Secondly, while we can appreciate the child being taken to and diagnosed at Stanford Medical Center, even if they say “the child is fine and never was in danger,” the child’s parents, Anna and Alex Nikolayev, still have to have CPS visit their home? If there is no finding the child was in danger and the Nikolayev’s had acted appropriately, the state still gets to come “check” on the child? With no cause?

This just seems to be a case where the State of California is looking to prove that a child – even a well cared for and loved child – is not the responsibility of the parents. Ultimately, in California (and in other states) the child belongs to the state.

Lord help us all.

UPDATE TO THE UPDATE!: Lawyers for the couple are stating they are going to file a lawsuit against the hospital, CPS and the police. The police lawsuit may not have legs, but as the hospital and CPS seem to have misrepresented facts and did not follow procedures in this case, they may be in trouble. Of course, if there is a monetary judgement against CPS, that will come out of taxpayer funds instead of the people who are directly responsible for this mess.

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