Get 2nd Medical opinion, CPS takes baby..

Page 2 - Seeking answers? Join the AnandTech community: where nearly half-a-million members share solutions and discuss the latest tech.

monovillage

Diamond Member
Jul 3, 2008
8,444
1
0
Don't blame state for this. Parents took baby with proper discharge. All kinds of legal issues involved. Auto notification of CPS probably kicked in

You're an idiot.
I'm sure you meant to type "without proper discharge"
It still wouldn't absolve the state of blame.
 
Apr 27, 2012
10,086
58
86
Don't blame state for this. Parents took baby with proper discharge. All kinds of legal issues involved. Auto notification of CPS probably kicked in

You are an idiot. You love big government and will always defend them.

This is the problem with the nanny state and big government. Are the big government idiots going to condemn this?

CPS and the police had no right to take away that baby, he was in no danger.
 

ElFenix

Elite Member
Super Moderator
Mar 20, 2000
102,407
8,595
126
Don't blame state for this. Parents took baby with proper discharge. All kinds of legal issues involved. Auto notification of CPS probably kicked in

and after the police showed up at the other hospital and saw that the docs said the baby was ok, someone at CPS should have been smart enough to exercise discretion and drop it. that is something the state should be blamed for.
 

momeNt

Diamond Member
Jan 26, 2011
9,290
352
126
Ah, I love the smell of a good old agency battle in the morning.

State should win, as the state is the ultimate agent with the most resources and best idea of what is best for society.
 

CPA

Elite Member
Nov 19, 2001
30,322
4
0
Hey, didn't we already have that wench Harris tell us that people should stop seeing kids as belonging to their parents and just understand that they belong to society? This is just a logical extension of that thought, the (liberal) state obviously knows best, why not cut out the middle man and just have the state directly take kids and make sure they get the proper "care"?

No, no, no, as other liberals have come to her defense and explained to us, we just merely misconstrued what she was saying.
 

CPA

Elite Member
Nov 19, 2001
30,322
4
0
Don't blame state for this. Parents took baby with proper discharge. All kinds of legal issues involved. Auto notification of CPS probably kicked in

Which is unto itself pure bullshit.
 

CPA

Elite Member
Nov 19, 2001
30,322
4
0
Ah, I love the smell of a good old agency battle in the morning.

State should win, as the state is the ultimate agent with the most resources and best idea of what is best for society.

lol
 

Atreus21

Lifer
Aug 21, 2007
12,001
571
126
Were this my kid, I'd be temporarily insane enough to shoot the cops trying to enter my home...no due process (if the article is accurate.)

Agree. This is where I'd see reason to use a weapon to defend my family, regardless of whether it's against cops.

Although, as Wolf sez, there is probably more to this.
 

AdamantC

Senior member
Apr 19, 2011
478
0
76
From what I can gather the cops didn't even have a warrant, (please correct me if I'm wrong) they just pinned the father down outside, tromped in and took the kid.

If the parents are truly not at fault I hope they sue the state into oblivion.
 

Darwin333

Lifer
Dec 11, 2006
19,946
2,330
126
I personally have a policy of "don't open the door to cops. Ever." That would stop the assholes at the door, I think. Certainly though I doubt shoving a guy to the ground and grabbing his keys FROM him is not something permissible.

But like IrishScott says, another reason to avoid CA like the plague.

I would think that they had the right to kick the door down had no one answered. Anyone know the particulars?
 

Darwin333

Lifer
Dec 11, 2006
19,946
2,330
126
Don't blame state for this. Parents took baby with proper discharge. All kinds of legal issues involved. Auto notification of CPS probably kicked in

Are you seriously implying that because the parents failed to sign a piece of paper while removing their child from a hospital they perceived as incompetently treating their child in order to get said child treated at another hospital that said child should be removed from the parents custody forcibly by the state?
 

woolfe9998

Lifer
Apr 8, 2013
16,242
14,245
136
If anyone is interested in an objective analysis of the information we have on this, here goes.

According the version of events we have, the parents took the child out of the hospital without discharge shortly after the hospital told the parents that the child had a life-threatening condition. The hospital may have been wrong about the diagnosis in hindsight, but they were entirely justified in reporting the parents to CPS based on the information they had.

So far as CPS goes, this wouldn't seem to be a logical justification to take the child into custody, because they either knew or should have known that the parents immediately took the child to another medical facility (the police visited Kaiser so I assume CPS knew), meaning this wasn't neglect but a desire to get a second opinion.

The trouble I have with this is we have only the parent's version of events because CPS can't give details to the public (I'm virtually certain of this.) They can say they conducted a "thorough investigation" but I don't think they can be any more specific than that.

Ordinarily CPS conducts at least one home inspection before making this kind of decision. Did CPS come to the home before the cops came to take the child? Was there already an open file on this particular child for other reasons? If so, we haven't heard about it from the parents.

What I'm getting at is there is a possibility that there were other reasons for this action, and those reasons were not provided to the press by the parents.

Would I be surprised if there were no other reasons and CPS was just incompetent? Not at all. This could very well have been an atrociously bad decision. However, I also wouldn't be surprised if there is more to this story.
 

RampantAndroid

Diamond Member
Jun 27, 2004
6,591
3
81
I would think that they had the right to kick the door down had no one answered. Anyone know the particulars?

This is why I asked if they had force of law. If they did not have a court order or believe the child was in imminent danger (which they clearly didn't given the day before they accepted the child was fine), they would be violating the 4th amendment.
 

Vic Vega

Diamond Member
Sep 24, 2010
4,535
4
0
Don't blame state for this. Parents took baby with proper discharge. All kinds of legal issues involved. Auto notification of CPS probably kicked in

You not following a hospitals discharge procedures is NOT against the law.

Yes I blame the state, based on the evidence they had there was NO reason to proceed.
 

todpod

Golden Member
Nov 10, 2001
1,275
0
76
Ok I am going to post this as a child welfare worker. I have done this in the state of PA for about 10 years, so the laws are different from state to state.

Here is an update to the first article
http://www.thehealthyhomeeconomist....fter-hearing-on-gestapo-style-baby-snatching/

and a little primer on CA child welfare law
http://www.chhs.ca.gov/initiatives/CAChildWelfareCouncil/Documents/UnderstandingCWSystemInCA.pdf

I would expect a doctor to be very concerned if a parent was going to remove a child if they thought they needed immediate heart surgery. Inn PA a Dr can take protective custody, a child welfare worker cannot. A police officer can as well, and they really don't like me telling them that they should. If either one of those guys take protective custody they will need to explain in court why they did that. It does look like in CA from reading the primer that a social worker can take protective custody and they have to file with the court in 48hrs that they did, and have a hearing. They did this. My judge isn't going to listen to me about medical evidence, I need the Doctor. He i have have 2 conflicting opionions. They judge asks for a third, seems reasonable. The child can be returned to the parents if the Stanford medical center discharges the child. The judge rule that the parents must follow the recomendations .

So were do you draw the line, should parents have to follow a Dr's advice and how much freedom should parents have when its life threatening. They court is providing oversite and there are appeals processes in place.

Nobody wins in these cases. It would be nice to know the whole story here, I feel sure there is more to it and if there is any back history with the family. We don't get paid to remove kids.

The reporting web site is interesting, I am surprised here everybody is just accepting it a credible.
 

Darwin333

Lifer
Dec 11, 2006
19,946
2,330
126
From what I can gather the cops didn't even have a warrant, (please correct me if I'm wrong) they just pinned the father down outside, tromped in and took the kid.

If the parents are truly not at fault I hope they sue the state into oblivion.

They must have had a warrant. If they didn't the cops should be charged with aggravated kidnapping because thats exactly what they did if they had no legal warrant.
 

Darwin333

Lifer
Dec 11, 2006
19,946
2,330
126
So were do you draw the line, should parents have to follow a Dr's advice and how much freedom should parents have when its life threatening. They court is providing oversite and there are appeals processes in place.

I don't believe there is a line at all. It is the parents call. Period. Full stop. End of story.

No doctor, case worker, judge, cop, or god himself should be able to take my child by force because I decide to get a second opinion. Furthermore, if as the article says there are other medical opinions that the child does not need medical treatment I can't fathom how the system is setup to allow the original doctors to perform surgery on a baby against the consent of the parents.

I would resort to extreme violence to prevent my infant child having unnecessary heart surgery, at least I hope I would.

I know this is the least relevant issue but I wonder who is going to get the bill for the medical treatment along with any and all follow up care related to this? I can't for the life of me see how anyone could argue that the parents of the child should be on the hook for it.
 

AreaCode707

Lifer
Sep 21, 2001
18,447
133
106
Has anyone ever read "The Spirit Catches You and You Fall Down? It's a heart-wrenching story of a poor kid with serious epileptic problems with complications, coming from a culture that both didn't understand the modern medicine, and working with doctors at a time (1980s) when the whole spiritual/holistic thing wasn't yet a thing. Everyone involved wanted the best for the kid but collectively they weren't capable of providing it. CPS got involved, courts, translators, spiritual leaders, doctors, nurses, etc etc. Ultimately it didn't prove possible for this child in this situation to be both with her family and receiving proper medical treatment, and sadly she did eventually die.

That's an extreme case with some great examples of how things can go crosswise but to some extent I can understand even in lesser cases where the line can be fuzzy. It's a bit of a leap to say there's a cultural gap but given the names of the parents this seems feasible. The Russian community in Sac and Seattle can be confrontational, distrustful and abrasive when interacting with Americans, and unwilling to work within proper channels. It wouldn't surprise me that, acting entirely within the best interests of their child, they tipped off some red flags that made it seem like they did not have intent to provide her proper medical treatment and care.
 

Darwin333

Lifer
Dec 11, 2006
19,946
2,330
126
The irony is that we, as parents, are still legally responsible for our children and their actions until they reach adulthood (barring extreme cases) yet the state evidently has the power to usurp those that are and will be held responsible on what appears to be a whim.
 

radtechtips

Senior member
Feb 12, 2013
640
1
76
If this story is complete(sounds like something is missing) this is bullshit and they should sue. And im not even a conservative