Suit Says Baby's Seizure Violated Rights
http://www.guardian.co.uk/uslatest/story/0,,-7025606,00.html
Friday October 26, 2007 3:01 AM
By ANNA JO BRATTON
Associated Press Writer
OMAHA, Neb. (AP) - A Nebraska couple sued state health officials
Thursday, arguing their rights were violated when their newborn baby was
seized by sheriff's deputies so a mandatory blood test could be performed.
Joel Anaya, who was almost 6 weeks old, was kept in foster care for six
days until the tests came back negative earlier this month.
His parents, Mary and Josue Anaya, believe that the Bible instructs
against deliberately drawing blood and that ignoring that directive may
shorten a person's life. State health officials ``conspired to deny the
Anayas their rights of due process, and to seize and test baby Joel
without notice or a hearing in district court,'' according to the filed
in U.S. District Court in Omaha.
``This is a classic case of the government overreaching and violating a
family's constitutional rights,'' said Jeff Downing, the couple's attorney.
The Anaya family is not seeking damages, but they want to ensure that
this won't happen again if they have more children.
It's the first time in Nebraska a child was taken from parents to draw
the drops of blood from the baby's heel for the screening, said Marla
Augustine, spokeswoman for the state Department of Health and Human
Services. Nebraska is one of four states - South Dakota, Michigan and
Montana are the others - that doesn't offer a religious exemption for
parents who don't want the test performed.
Health officials say the newborn screening program is one of the state's
most cost-effective public health programs. The newborn blood test -
usually performed within 48 hours of birth - screens for dozens of rare
diseases, some of which can cause severe mental retardation or death if
left undetected.
Last year, out of 26,819 babies tested, 537 tested positive for one of
the dozens of diseases, and 43 of those results were confirmed,
according to the state's Newborn Screening Program.
Augustine said Thursday that state officials had not seen the lawsuit
and would have no comment.
The decision to seize Joel Anaya and test him was made by Douglas County
prosecutors who have said they only did what was necessary to protect
the baby's health.
When the Anayas' daughter Rosa was born in 2003, a hearing was held in
Douglas County District Court and the couple voiced their objections.
The state Supreme Court eventually turned down their arguments, but Rosa
never was tested.
This time, the county wanted to make sure the testing was completed,
said Nicole Brundo Goaley, a deputy Douglas County Attorney. So the
county got an order from a juvenile court judge to test the baby.
Sheriff's deputies came Oct. 11 to take the child, who remained in
foster care until tests came back Oct. 16. During that period, social
workers let Mary Anaya nurse her son several times a day.
CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CIVIL RIGHTS ON A
DAILY BASIS THEN ALL OTHER AGENCIES COMBINED INCLUDING THE NSA / CIA
WIRETAPPING PROGRAM....
CPS Does not protect children...
It is sickening how many children are subject to abuse, neglect and even
killed at the hands of Child Protective Services.
every parent should read this .pdf from
connecticut dcf watch...
http://www.connecticutdcfwatch.com/8x11.pdf
http://www.connecticutdcfwatch.com
Number of Cases per 100,000 children in the US
These numbers come from The National Center on
Child Abuse and Neglect in Washington. (NCCAN)
Recent numbers have increased significantly for CPS
*Perpetrators of Maltreatment*
Physical Abuse CPS 160, Parents 59
Sexual Abuse CPS 112, Parents 13
Neglect CPS 410, Parents 241
Medical Neglect CPS 14 Parents 12
Fatalities CPS 6.4, Parents 1.5
Imagine that, 6.4 children die at the hands of the very agencies that
are supposed to protect them and only 1.5 at the hands of parents per
100,000 children. CPS perpetrates more abuse, neglect, and sexual abuse
and kills more children then parents in the United States. If the
citizens of this country hold CPS to the same standards that they hold
parents too. No judge should ever put another child in the hands of ANY
government agency because CPS nationwide is guilty of more harm and
death than any human being combined. CPS nationwide is guilty of more
human rights violations and deaths of children then the homes from which
they were removed. When are the judges going to wake up and see that
they are sending children to their death and a life of abuse when
children are removed from safe homes based on the mere opinion of a
bunch of social workers.
CHILD PROTECTIVE SERVICES, HAPPILY DESTROYING THOUSANDS OF INNOCENT
FAMILIES YEARLY NATIONWIDE AND COMING TO YOU'RE HOME SOON...
BE SURE TO FIND OUT WHERE YOUR CANDIDATES STANDS ON THE ISSUE OF
REFORMING OR ABOLISHING CHILD PROTECTIVE SERVICES ("MAKE YOUR CANDIDATES
TAKE A STAND ON THIS ISSUE.") THEN REMEMBER TO VOTE ACCORDINGLY IF THEY
ARE "FAMILY UNFRIENDLY" IN THE NEXT ELECTION...
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