A Snapshot of California’s Broken CPS System: Removal of Russian Child Due to Second Medical Opinion UPDATED

“For many patients, getting a second medical opinion is a common and often recommended endeavor; it helps people to get the most accurate diagnosis possible.

But for one couple, the decision to get a second opinion for their baby boy’s illness ultimately resulted in police forcibly removing the infant from their California home, RT.com reported.

Anna and Alex Nikolayev, a young Russian couple living in Sacramento, took their 5-month-old son Sammy to Sutter Memorial Hospital in Sacramento when he started to exhibit flu-like symptoms. The Nikolayevs had been taking Sammy to Sutter Memorial since his birth, when had been diagnosed with a heart murmur.

When they arrived at the hospital, Sammy was taken to the Intensive Care Unit. But soon, the couple became concerned about their son’s treatment, after Anna witnessed a nurse giving Sammy antibiotics – something a doctor had not instructed her to do.

“I asked her, ‘For what is that?’ And she’s like ‘I don’t know.’ And then I said ‘You’re working as a nurse, and you don’t know what you’re giving my baby?’” Anna Nikolayev told News 10, a Sacramento ABC affiliate.

A doctor confirmed to the worried mother that her child should not have been given antibiotics; however, doctors told Anna they wanted to perform open heart surgery on Sammy as soon as possible. At that point, Anna thought she may need a second opinion for her son – a decision her doctors were adamantly against.

“If [they made] one mistake after another, I don’t want to let my baby have surgery in the hospital where I don’t feel safe,” Anna told News 10.

The couple took Sammy out of the hospital without a proper discharge and rushed him to rival hospital Kaiser Parmanente Medical Center in Sacremento .

While the Nikolayevs were at Kaiser, police arrived, presumably called by doctors at Sutter Memorial. Anna was forced to show the police a note from a Kaiser doctor, which read: “I do not have concern for the safety of the child at home with his parents.”

“[The police] saw the baby was fine,” Anna told News 10. “They told us that Sutter was telling them so much bad stuff that they thought this baby was dying in our arms. So police saw the report from doctors and said, ‘Okay, you guys have a good day,’ then walked away.”

But just one day after taking Sammy home, the Nikolayevs received another visit from police, along with representatives from Child Protective Services (CPS). Without a warrant, police let themselves inside the Nikolayevs’ home, grabbed Sammy from Anna’s arms and walked out. A camera that Anna set up in the living room recorded the entire event.

When asked for comment, Sutter Memorial did not make any statements and referred to CPS and law enforcement. CPS said it cannot comment on the case due to privacy laws, but a representative for CPS said, “We conduct a risk assessment of the child’s safety and rely heavily on the direction of health care providers.”

Meanwhile, Sammy remains in protective custody at Sutter Memorial Hospital, and his parents were able to visit him for an hour last Thursday. A court hearing for the case is scheduled for Monday, April 29.”

Police remove infant boy from home after parents seek second medical opinion

[Fox News 4/29/13]

“Russian children’s rights ombudsman, Pavel Astakhov, said on Sunday he will help a Russian couple, Alex and Anna Nikolayev of Sacramento, California, to return their baby boy, who has been seized by authorities in the United States.

“We will offer the parents to file a complaint to return the child. The process will not be quick but I think we will succeed in this,” Astakhov told RIA Novosti. “The case has been certainly taken under control,” he added.

Five-month-old Sammy has been in protective custody since April 24 when police and Child Protective Services took him from his mother after the family had a dispute with the baby’s doctors.

After Sammy was treated for flu symptoms last week, doctors at the Sutter Memorial Hospital decided that he needed an immediate heart surgery. The Russian parents argued with the doctors and took the child to another clinic for a second opinion without a proper discharge, saying they did not like the care Sammy was getting.

Sammy’s parents said they have known about Sammy’s heart murmur since he was born, and the child was regularly seeing a Sutter cardiologist every two to three weeks. They said no one ever gave them any reason to think Sammy’s health was in any imminent danger.”

Russian Ombudsman to Help California Couple to Return Child

[RIA Novosti 4/28/13]

“A Sacramento court has ruled for the return of a baby who had been forcefully taken from his parents by police and child protective services without a warrant on April 24, according to a Russian consulate spokesperson’s statement.

The five-month-old child had been temporarily taken from his family after his parents – a Californian couple – were involved in an argument with doctors over the course of his treatment following a medical check-up they took him to after he began exhibiting signs of flu.

Sammy Nikolaev has been in protective custody since April 24, when the police and Child Protective Services (CPS) had forced their way into the Nikolaevs’ California apartment after the family took the child from the hospital without proper discharge.

The CPS claimed the boy had suffered “severe neglect” at the hands of his parents.

“After five hours of deliberation and analysis of factual information presented by both sides, the judge decided to dismiss all charges against the parents”, the Russian Consul in San Francisco, Evgeny Avdoshin, told RIA Novosti.

“In line with the verdict, the baby will remain with his parents”, he added.

Avdoshin also said that the US court has fully respected the rights of Aleksandr Nikolaev – a Russian citizen – as a parent and that everything was according to proper procedure.

Yet just a few days ago, a completely different picture of distrust and accusations was being painted.

“I was pushed against the building, smacked down,” Alex said.

“I said, ‘Am I being placed under arrest?’ He smacked me to the ground and yelled out ‘I think I got the keys to the house!’” Alex later told reporters,

“It doesn’t seem like parents have any rights whatsoever.” During the commotion in the driveway Anna had set up a camera pointing at the door. At least four police officers, who did not have a warrant, are shown on film barging into the home followed by CPS workers demanding Sammy.

“I’m going to grab your baby, and don’t resist, and don’t fight me, okay?” one policeman can be heard telling Anna.

The family’s lawyer, Joe Weinberger, had also expressed his disbelief at how anyone could barge into a home and take a child into custody over neglect once a doctor ruled that the child was not in any danger whatsoever.

However, he also admitted that the parents had not taken the proper care when, firstly, removing Sammy from the hospital without following procedure, and secondly, neglecting to tell the doctor that another professional had declared there was no threat to the child’s wellbeing. [Why didn’t the police and CPS share the information of what happened at Kaiser Permanente? Why no warrant?]

The initial news had quickly gained widespread media coverage and public attention in both Russia and the United States.”

Baby returned to parents after mix-up over ‘neglect’

[Russia Today 4/30/13]

REFORM Puzzle Piece

At least CPS didn’t use a tank.

Update: “The day after a judge returned custody of a baby taken into protective custody, the parents have been overwhelmed by international attention. However, Alex and Anna Nikolayev said their battle with Child Protective Services is far from over.

Sammy Nikolayev, 5 months old, was placed in protective custody last week after his mother took him out of Sutter Memorial Hospital against medical advice to get a second opinion from a Kaiser Permanente doctor. The move came as a shock to the couple who had medical records from another doctor clearing Sammy to go home with them.

On Monday, a judge returned custody to the parents as long as they agreed not to remove Sammy again against medical advice. The boy is now set to move to the children’s hospital at Stanford within the next 24 to 48 hours.

The parents wanted to thank the public for the outpouring of support they received. They said so many people have told them about their own experiences with similar cases, and the couple hopes the attention their case has received will lead to reforms in the system. In the meantime, Anna said after being limited to one hour visits with her son over the last few days, finally being able to see Sammy as long as she wanted came as a great relief to her and her baby.

“He lay down, closed his eyes, but then a couple seconds later, he turned around, looked at me, looked back, turned around, closed his eyes. A couple seconds later, same thing again, looked at me. It’s like, ‘Mommy, you’re still here.’ That was exciting,” Anna said.

The couple said they expect their son to have heart surgery once he gets to Stanford. Once it’s all over, and the baby can come home, CPS will check in with the couple. Alex and Anna had to agree to CPS visits to regain custody. That’s why they plan to continue to raise awareness about what they see as a need for changes within CPS.

“I’m not sure who is the higher authority over them,” Alex said. “The higher authority needs to look into them because they have a very bad track record, and somebody needs to investigate them.””

Nikolayev family happy to be reunited with baby boy, but worried about future CPS visits

[News 10 4/30/13 by Gabriel Roxas]

Update 2: “A state lawmaker has joined the fight demanding answers to why Child Protective Services took a 5-month-old baby from his parents after they took the child to get a second opinion.

Nikolayev’s family’s story got national and international attention, and now that spotlight has led to increased scrutiny of CPS.

“They’ve committed no crime, why are they not just free to determine what is in the best interest of their child?” Assem. Tim Donnelly, R-Twin Peaks, asked.

It’s a question a lot of people have been asking since News10 broke the story of Alex and Anna Nikolayev’s battle with CPS. The couple took their son Sammy to Sutter Memorial Hospital for treatment after he developed flu-like symptoms. When doctors suggested that Sammy get heart surgery for a heart murmur he had since he was born, the couple left the hospital without a formal discharge and headed to Kaiser Permanente for a second opinion.

After a police officer and a doctor cleared that Sammy was not in any danger by remaining in his parents’ care, they went home. The next day, CPS and police officers arrived at Alex and Anna Nikolayev’s home and took Sammy into protective custody. CPS has refused to comment directly on the case and have repeatedly cited privacy laws when asked them about the case.

On Monday, Anna and Alex Nikolayev were overjoyed when a judge returned legal custody of their baby boy, but they had to agree to future visits by CPS, a prospect that makes them worry about Sammy’s future even after he is released from the hospital.

“I’m not sure who is the higher authority over them. The higher authority needs to look into them because they have a very bad track record, and somebody needs to investigate them,” Alex Nikolayev said in an interview Tuesday.

That higher authority is the Department of Health and Human Services, and Donnelly wrote to the department director when even he failed to get answers from CPS.

“No. I’m not getting any answers. I’m getting this run-around that CPS, whatever they do, they’re allowed to operate in secret, and they’re accountable to no one,” Donnelly said.

Donnelly has also called for a state audit of the agency after hearing from several other parents who described similar incidents.

“I think that we clearly have a government agency, CPS, that does do important work, but they are operating in complete secrecy with absolute autonomy, absolute power,” Donnelly said.

Wednesday a spokesperson for CPS reiterated that they can’t talk about the specifics of the case, but they did send a written statement explaining their overall policies. They point out that the law allows them to take a minor into temporary custody without a warrant if they believe, “that minor has an immediate need for medical care, or the minor is in immediate danger of physical or sexual abuse, or the physical environment or the fact that the child is left unattended poses an immediate threat to the child’s health or safety…”

CPS also sent a copy of the Department of Health and Human Services’ response to Donnelly’s request for an explanation. The response included the policy statement sent to News10 and added that even state legislators are not allowed access to confidential information, saying it would take an order from the presiding judge of the Sacramento Juvenile Court to discuss the specifics of any case.

MORE: Read the entire letter to Donnelly

Sutter Memorial Hospital has also declined to discuss the case directly, but they offered this statement:

Our goal is to provide high quality care to all of our patients at Sutter Medical Center, Sacramento. We want to do what’s best for the health of any baby under our care. Our nurses and physicians are bound by duty to call authorities if they believe a pediatric patient’s health is in danger. We fully support the judge’s decision and are confident the family will receive an excellent second opinion from Lucile Packard Children’s Hospital at Stanford.”

Assemblyman Tim Donnelly says CPS should be audited after handling of Nikolayev family case

[News 10 5/1/13 by Gabriel Roxas]

Scroll down at the following link for sickening video of Sammy being taken from his home: http://foxnewsinsider.com/2013/05/02/new-video-police-take-baby-parents-california

Update 3: Sammy had surgery and is back home. This news video says that there is another court hearing at the end of May.

See News10 Net.

“A Sacramento County baby who made national headlines when he was taken by Child Protective Services is back at home. Baby Sammy arrived home in his mother’s arms Thursday after undergoing heart surgery last week.

Three weeks ago, police officers barged into the family’s home on the orders of Child Protective Services and took Sammy into protective custody all because his parents had taken Sammy from Sutter Memorial Hospital without a proper discharge. They wanted a second opinion.

It’s been an emotional ride. “I don’t have the words to say it. I’m being the happiest mom right now, being at home with my baby in my arms, feeling kind of safe,” Anna Nkolayev said.

Sammy was born with two holes in his heart. Doctors at Stanford closed those holes during his heart surgery.

Although Sammy is home, CPS still isn’t out of the picture. The family had to go to court to get him back. Under an agreement, social workers will still regularly check on him.”

Sacramento baby taken by CPS undergoes surgery

[ABC KGO 5/13]

Update 4: “Their day in court didn’t end the way they wanted, but parents Alex and Anna Nikolayev say they’re beginning to see signs of encouragement.

Their baby Sammy has been at the center of a legal battle with Child Protective Services since his parents took him from Sutter Memorial Hospital against medical advice.

Tuesday, the family appeared in court to determine the child’s future. Outside the courthouse, Anna Nikolayev described a change in her son’s behavior in recent weeks.

“For me, yes, he is traumatized already, and this is making me upset,” Nikolayev said.

Since her son was seized by Sacramento police and Sacramento County Child Protective Services after leaving the hospital without going through discharge channels, Nikolayev believes her baby has become more fearful of new people. It’s something his parents hope will fade as the boy continues to recover from open heart surgery.

The other thing the parents want to see end are the regular visits from CPS.

“We would have loved to be … this day to end everything, put everything behind us, but I guess we have no choice but to proceed whatever the ruling was,” Alex Nikolayev said about the hearing.

In court, attorneys for the county asked that the scheduled CPS visits continue for 60 more days. The Nikolayevs’ attorneys asked for a trial to settle the matter as soon as possible, but the judge didn’t have an opening for two months.

“July 29th, so a good 60 days, so by de facto, they ended up with what they wanted,” Nikolayev attorney Robert Powell said, referring to the county.

However, in what could be a shift toward what the parents want, the county showed a willingness to consider dismissing the case before trial, potentially as early as next month.

“Oh, well, that’s a good sign that maybe they are legitimately … just wanted a little more time to look around. If so, that’s great, and dismiss ’cause it’s just not a case that deserves to be using up taxpayer dollars,” Powell said.

Nonetheless, attorneys for the parents insist there’s no guarantee the county will choose to dismiss.

“Until it’s done, they can continue to interfere with these people’s lives, do checks, show up at the house, do whatever else it is that they want to do. Talk with the doctors, talk with the care providers, and keep interfering,” attorney Joe Weinberger said.

“I hope they’re coming really to our house just to protect the child, seeing that maybe they were wrong. They did those mistakes, and they’re going to just walk out of our lives,” Anna Nikolayev said.

If the county chooses not to dismiss the case, then the Nikolayevs will be back in court for a pretrial hearing June 25.”

 

CPS Nikolayev baby case could be dismissed before July trial

[News 10 5/28/13 by Gabriel Roxas]

Update 5: CPS will be audited statewide!

“Assem. Tim Donnelly, R-Twin Peaks, called for an audit of the agency.

“These agencies answer to us, to we, the people, and when your name is Child Protective Services, you should be protecting children,” Donnelly said at the Capitol rally.

The proposed audit drew bipartisan support from Assem. Mike Gatto, D-Los Angeles, who is also concerned about reports of alleged abuse by the Department of Children and Family Services, the CPS-equivalent in Los Angeles County.

“The question is: How did this happen, why did this happen, and what can we do to make sure that it never happens again,” Gatto told the members of the Joint Legislative Audit Committee.

No one from CPS showed up to speak, but Nikolayev’s emotional testimony moved members of the committee.

“This is my child, you are ripping it out of my arms. What are you expecting, just give it away, and don’t care?” Nikolayev testified.

People came from across the country, lining up to voice their support for the audit.

“It’s not only a statewide problem. It is going on all over the country and all over the world,” said Cindy Dumas of San Diego.

“A lot of things are going on behind the scenes and no one’s allowed to know what’s going on,” added Monique Pacheco of Sacramento.

In the end, the committee voted unanimously to approve the audit.

“This was a real victory for the people, for the average person, and it was brought about by individuals that came from all over the state,” Donnelly said after the vote.

Moving forward, the state auditor will compare counties looking for what works and what doesn’t.

“The tremendous outpouring of support for this audit that we saw here today is really indicative that something has to be done,” Gatto said.

“I hope we’re going to dig now into CPS, and we’re going to have really CPS to protect our children, not just to walk into the house and rip the kids away,” Nikolayev said.

The audit will likely take five to six months to complete. At that point, lawmakers will evaluate the findings to decide on possible reforms.”

Sammy Nikolayev CPS case triggers statewide audit

[News10 6/5/13 by Gabriel Roxas]

Update 6: A nice summary of the case was written at Health Impact News Daily. See the story at this link.

Update 7/June 25, 2013

” A Sacramento County Juvenile Dependency Court judge has granted the county’s motion to dismiss a Child Protective Services (CPS) case against the Nikolayev family involving the welfare of their baby son.

Attorneys for Alex and Anna Nikolayev are now moving forward with a civil suit against Sacramento County and the Sacramento Police Department.

The case began when Anna Nikolayev removed her baby from Sutter Memorial Hospital in April against medical advice. She wanted a second opinion after she says a Sutter doctor urged her to allow heart surgery on her son.

Shortly after the Nikolayevs left Sutter, they saw another doctor at a Kaiser Permanente hospital who cleared them to take their child home. However, the next day, police and CPS social workers showed up at the Nikolayev home and took the baby into protective custody.

A judge eventually returned custody to the parents, who have been subject to monitoring by ever since.

A trial was set for July to resolve the case, but Tuesday, the county moved to dismiss.

After the hearing, Nikolayev attorney Joe Weinberger announced he intends to file the lawsuit in the coming days. In a release, Weinberger wrote: “no longer shackled by the anonymity and the disclosure prohibitions of the Dependency Court, Anna and Alex will shine the bright light of truth on these illegal activities.””

CPS case against Nikolayev family dismissed

[News10 6/25/13 by Gabriel Roxas]