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We Hope There Is More To This Story – But We Doubt It.

California-CPS-ROH This is one of those stories that we hope there is more that is not being told.

Somehow we doubt it.

Alex and Anna Nikolayev of Sacramento, California have a little baby boy named Sammy who has a heart murmur and is under the care of a heart specialist. Recently Sammy exhibited flu-like symptoms and out of concern for the health of their child, the Nikolayevs took Sammy to Sutter Memorial Hospital. While there, they became concerned about the quality and accuracy Sammy was receiving.

One of their specific concerns was that when a nurse was giving Sammy antibiotics, the Nikolayevs asked the nurse what the antibiotics were and what they were for. According to the Nikolayevs, the nurse told them she didn’t know why she was giving Sammy antibiotics or what they were for. The Nikolayevs tracked down a doctor who told them the child shouldn’t be receiving any antibiotics.

At the same time, another doctor told the Nikolayevs that he thought he should operate on Sammy to correct his heart murmur.

Because the doctor’s advice on the operation was against that of their heart specialist and because Sammy was being injected with antibiotics in error, the Nikolayevs took the child from the hospital without a “proper discharge” and immediately took the child to the competitor hospital of Kaiser Permanente. There a doctor examined Sammy who examined and monitored Sammy and eventually told the Nikolayevs there was no reason why Sammy needed to be admitted to the hospital and was medically cleared to go home.

While the Nikolayevs were at Kaiser Permanente, the police came and told them they had gotten a call from Sutter Memorial Hospital basically saying the child was at deaths door and the Nikolayevs were endangering the life of Sammy.

The police talked with the Nikolayevs, doctors let them see the medical records for Sammy and satisfied the child was not in danger, the police left.

The nest day, police and “Child Protective Services” showed up at the home of the Nikolayevs. According to Alex Nikolayev, he was outside the front door when the police threw him to the ground and removed his keys from his pocket. Without a warrant, the police then entered the home and along with CPS, took Sammy from the arms of the Anna Nikolayev.

One policeman is heard on a video of the incident saying “I’m going to grab your baby, and don’t resist, and don’t fight me ok?”

News10 of Sacramento has picked up the story locally and they cannot seem to get any answers as to why Sammy was removed from the home. They contacted the police who told them to contact CPS who declined to respond before a hearing on the future of the child to be held tomorrow. A spokesperson from Sutter Memorial Hospital declined to comment citing the “ongoing case.”

In other words, the three entities are doing their best to cover their collective butts.

Imagine if your child was taken out of your home without a warrant by the police to even enter the home and without explanation from the state agency taking the child. We would be more than furious.

The questions here are many and at this point in time, there are no good or justifiable answers.

For example, why did the police come to the residence after verifying the child was not in danger – medically or otherwise?

Why didn’t Child Protective Services interview the parents before taking the child?

Why did Child Protective Services and the police appear to take the word of one hospital over another?

Given there was no immediate danger to the child (a fact known to the police) under what right and authority did the police steal the keys to the home and break into it?

Why did the police and Child Protective Services threaten the mother for the “crime” of trying to protect and hold onto her child?

Something is drastically wrong here.

Unless there is more information, this incident is nothing more than a state kidnapping a child. If a non-custodial parent or any other human being had done this, there would be criminal charges filed, people arrested, a trial and people spending time in jail.

But not the police and the people from Child Protective Services. Not here. Not in this case.

We understand there are times when a child needs to be removed from a home for its own safety and well being. Yet how does a couple taking a child to a heart specialist and then taking a child to the hospital indicate neglect? How does a doctor saying the child is medically cleared to go home demonstrate “neglect?”

This case reeks more of a hospital getting upset at being caught at endangering a child through medical incompetence. A nurse giving a child antibiotics without cause? A doctor that says the child should not be receiving the very antibiotics the nurse is giving the child? A doctor who wants to operate despite a heart specialist saying otherwise?

We won’t even get into the idea that the hospital was upset the couple took their child without a “proper discharge.”

You screwed up. We don’t trust you. We are taking our son away from your so called ‘care’.” THAT’S the “proper discharge.”

With a hearing on Monday to determine the disposition of the child, we can imagine the Nikolayevs are not sleeping much this weekend. We can understand why.

At the same time, we keep thinking this whole thing could have ended much worse in that there is a reason for the characterization of “a mother bear protecting her cubs.” Given the lack of investigation, warrants, procedures and home invasion by the authorities, the Nikolayevs would have been, in our opinion, justified in using force to resist the police and CPS. If anyone had gotten hurt, it would have been on the police and Child Protective Services – not on the Nikolayevs.

If there are no more facts to this case, the State of California and its employees should be in a boatload of trouble. Frankly, for such an egregious abuse of the law and authority, we hope people lose their jobs and face civil or criminal penalties (or both.)

This case should never, ever, ever happen in the United States and if it does, there must be severe consequences for those involved.



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