Anna Nikolayev set up a camera before police came in. (Photo via ABC News 10)
News that a California couple had their infant son removed from their home after they sought a second medical opinion got TheBlaze community fired up.
Anna and Alex Nikolayev's 5-month-old son Sammy had been in the hospital, but they weren't comfortable with his level of care. After taking Sammy out of the hospital to get a second opinion, they were told by a doctor they were fine to take him home. Police showed up the next day with Child Protective Services, alleging "severe neglect." One officer told Anna, "I’m going to grab your baby, and don’t resist, and don’t fight me okay?"
Here's what some of you had to say:
Do not back down…NEVER. When it comes to our children, I will fight to the very end. Nobody, I mean NOBODY walks out of my house (against my will) with my wife or child. I don’t care if it’s in the name of safety or not…my instinct is to protect them and these cops breaking into MY house will not be treated different than a criminal that has entered my house. If I feel threatened or the life of my child feels threatened I will retaliate…you are in my home unauthorized, you sir are a CRIMINAL and I have the right to protect those that live in my household.
Wow! These protective service people let little children be abused all the time and turn a blind eye. The first doctor was probably afraid they’d find out about his abilities.. The second doctor said the baby was ok. Remember: some are at the top of any training, some are on the bottom. 2nd opinions are necessary.
It would be over my dead body that anyone would give my child a shot without notification I hope these people here from Russia can forgive America for the communistic action against them.
A similar thing happened to my daughter recently. She has a child with cerebral palsy and had recently changed his neurologist who was his original doctor when he was born so he was familiar with the child's problems and care. He asked if she wanted a EEG just to see how his seizures were doing but he hates them and after 10 hours of him screaming, and totally panicking, she advised the hosp staff that she was taking him home. They should have had enough info from the 10 hours. But they threatened her with DCF and sure enough they showed up the next day. Though they didnt take the baby because it was a voluntary test but that is what the hosp staff did as well. Thank God we’re in Florida and not Cali! Those poor parents. My heart breaks for them.
The father said “the situation reminds him of a “communist regime.””
WELCOME TO THE NEW PROGRESSIVE AMERICA!
Some doctor didn’t like the idea that a couple wouldn’t take his word and his word alone so the hospital could make a ton of money off these folks and their insurance, if they have any, by operating on an infant that according to the other hospital didn’t need it.
As far as I know, it isn’t against the law to leave a hospital without being discharged. It only releases the hospital from liability.
This is a pure and simple case of a worthless and greedy doctor who lied to social services to get revenge on these folks for not trusting him.
In California (as in many other states), children are automatically wards of the state and legally parents have absolutely no rights. The California Supreme Court reaffirmed this several years ago, saying, “Children are not the chattel of their parents.” The wording obviously some double-speak. The privacy this article refers to is NOT the privacy of the parents or child. It is the privacy of the case worker who took the child. DCS case workers are protected in Calif. from any action at all. They cannot be sued, fired, brought up on criminal charges, or disciplined. They have the legal right (and have used it!) to come to any home arbitrarily and remove a child with any or NO grounds. About 25 years ago, a couple had to fight them for 18 months at a cost well over $100,000 to have their children returned after such an action. It was just a whim of a case worker who apparently took a special personal dislike of the couple’s good relationship.
Since when are you required by law to undergo a “proper discharge” for you or your child? It’s called “checking out A.M.A. (against medical advice).” Please note that the key word here is: “advice.” The doctor may think you’re a fool, but he can’t keep you there unless a judge has ordered it, given very specific criteria. A crucial aspect of the doctor-patient relationship is that patient (or parent) “informed consent” is required for treatment, except in emergency situations when a parent is not present or the adult patient is incapacitated but needs immediate medical attention. If the staff at the first hospital truly believed the child’s life was in imminent danger, then they did the only thing they could do by calling the police. However, once the police showed up at the second hospital and saw that the child was fine, the matter should have been closed. I believe the ones definitely in the wrong here are an overzealous child protective services and the police they sent who were “just following orders.” Where have we heard that before? Bottom line – we all need to get intimately reacquainted with our most basic undeniable rights, and then we need to remind everyone around us, whenever we get the opportunity, so that they don’t forget either.
I lived in WA a few years back…son had a relatively minor ailment and Dr wanted to run a barrage of painful and invasive tests. I asked for the simple, painless option we had originally discussed and Dr indicated that it would do no good and he needed to run the tests. I refused and indicated I would be taking my son to a new physician, to which the Dr threatened me with CPS. I doubt he expected my cool but firm response which, today, probably would have landed me in jail. New Dr, simple treatment, and all was well.
Brother in CA says pediatrician asks about gun ownership on patient forms…he refused to answer the gun questions and the Dr got indignant saying guns are a ‘health issue.’ Started asking his daughter about it and my brother told her to stop. Dr got belligerent and threatened CPS; luckily she did not. Needless to say, new Dr the next day.
Obviously thing have gotten worse – I hope this family gets their child back soon. Although I am not a litigious person, they should sue the pants off all involved – a line must be drawn somewhere.
What America needs to wake up to: CPS has now illegally seized a child, violated the Civil Rights of the Nikolayev Family because the Nikolayev wanted better Medical Treatment for their child.
What will be next: Will Child Protective Services be allowed to forcibly seize your children because they do not like your Political or Religious Views, or that your child is Home Schooled, or because you own a Firearm?
From the top down – Chief of Police, Rank, and the Officers involved should be charged with 3 counts of Civil Rights Violation, and kidnapping. The Doctor and any Nurses involved should be charged with 3 counts each of Civil Rights Violation and never allowed to work in the Medical Industry Again. The Head of CPS, supervisors, and the CPS worker involved should all be charged with 3 counts of Civil Rights Violation, kidnapping, and never allowed to work with children again.
Again, I will ask: Why is the outcry coming from Europe?
I’m just absolutely shocked at this. These parents have a right to ask for a second opinion and seek medical care elsewhere! Yes, they left AMA, but they went to another HOSPITAL!
This sounds like someone at the first hospital got their feathers ruffled because the parents questioned them i.e. nurse “I don’t know.” AND they managed to take this child from their parents.
I have to defend the first hospital for reporting to CPS. If they believed in their medical opinion this child needed surgery and the parents left without being discharged, this absolutely is a reportable case to CPS. For all that hospital knew, the parents took the child home. If the parents wanted a second opinion, the first hospital would have easily just transferred the kid to the second hospital. By just getting up and leaving, the first hospital has no idea what is going on or happening to a child they think needs open heart surgery. Healthcare workers have a zero tolerance miss policy on child abuse and neglect. They did what they were supposed to do. Tragic story for the parents, but they will get the kid back
I am so sorry why these awesome parents have been treated in a communist regime manner. I worked for DCFS for a few years. The child was not in danger as testified in writing by a Board Certified Physician. The Mom was justified in removing the care of her child from a hospital that repeatedly screwed up in the medical care of her baby, loving parents do that!!!! I believe these parents. There was no justification for the removal of the precious baby from the parent’s care. It is an abduction as it does not seem it was done legally. Also it appears that this is retaliation from the offending reporting hospital. Yes, children belong to the parents. This mission so to speak for CPS is to keep the children in the home and if under imminent danger and the child is removed from the home, then to work with the parents for the child to be returned as soon as possible and the best place for children to be raised is at home with their parents. This is an outrage and reflects badly on decent CPS workers who want to help reunite families not destroy the family. It is shameful