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Is there legal grounds to seize your child? Who is in the right?

15
Emmanuel
05-31-2013
01:45 PM ET (US)
In California a 5 month old bay named sammy was taken from his parents.Sammy had been getting hospitalized atsutter Memorial hospital.Anna and Alex Nicolayev took there son from the hospital without a official discharge.Sammies parents said that they took there son cause they wanted to get a second condition on the baby's heart condition.The hospital and parrent where concerned cause he had heart murmur and where what might happend.

  I understand where the hospital is coming from cause they might me concerned but they have no right to make a decision of that status for the parents.When samy's parents took hima the next day the CPS and the cops where at there house ready to take sammy.I did not know where my son is,” Anna Nikolayev told TODAY. “I did not know what to do. I did not even know where to start. What to look for. Where is he? is what Anna told NBC saying that she was so scared and nervous.

  I think that the law did something ver dumb and ignorant.On the Hospitals behalf they said that they hope that the family gets all the care and avice they need .They also said that they respected the judges decision and his points.
14
Jesus Galindo
05-21-2013
03:21 PM ET (US)
In California a baby named sammy was taken away by the hands of their parents. Authorities rushed to little sammy's parent's home when a doctor told the police that the baby was in critical condition to leave the hospital. Sammy has heart murmur and when Sammy's mom named Anna wanted to take her son to another hospital to get a second opinion, she left the hospital. Police violated the forth and fourteenth amendment. Anna and her husband alex watched as police took her child to get him to the hospital. Anna and Alex did not know about Sammy for a terrible while they did not aslo know where he was taken to. Now the parents have him in his hands. The parents are in their rights because they wanted to act fast to Sammy's heart murmur because it could kill him. The parents wanted to take Sammy to another Hospital fast and get a second opinion fast before it was to late. The seize was very terrible and Anna was not able to rest with out her son. I wish the best for these to and Sammy. I don't think that it's okay that the police can just come in and take their child it makes me angry it makes me want to smash something. I would not be able to think what I would do if they tried to take my little sister. I would not be able to stand my mom crying over my little sisters death. The police have no right to take the child. The baby was only 5 months old when the police took her away. The baby was later treated and is rapidly recovering. Later a juge told them the baby had to be treated in a specific hospital. The juge said that the baby couldn't leave this time and the baby had to stay in the hospital intel the doctors say it;s okay to take.
13
Jasmine Mendoza
05-21-2013
01:38 PM ET (US)
      A California couple who wanted a second medical opinion for their 5-month-old son said their ordeal turned into every parent’s worst nightmare. Authorities temporarily took their baby away from them, but the parents are now relieved to be able to hold their son again for as long as they want. A few weeks ago when Anna and Alex Nikolayev brought their son Sammy, who has a heart murmur, to Sutter Memorial Hospital in Sacramento. The family left the hospital without an official discharge to get another opinion on the boy’s heart condition.
      The couple got a second opinion on Sammy’s condition at nearby Kaiser Hospital, and Sammy was cleared to go home with his parents. But the next day, the couple said, police came to the couple’s house and took Sammy away, and when they took the little boy away it was captured on a home video camera. In court earlier this week, a judge ruled that Sammy should be taken to Lucile Packard Children’s Hospital at Stanford to be evaluated, and his parents regained control of his medical treatment. The judge also said the couple must follow all medical advice and not remove Sammy from the hospital without a proper discharge. Child protective service is now involved in this case and will be visiting the little bit more often.
      I think that it is really messed up how they just came out of nowhere and took the little boy away form his parents, I also think that it probably was a scary moment for the parents just not knowing why their son is being taken away. I don't think that they could have just went in their home and take their baby away and not telling them why, as citizens we have rights and the police officers broke that because they had no warrant. I hope that everything goes wel and they are able to keep their child and not have him taken away just because she wanted a second opinion for their son.
12
Jose Villanueva
05-13-2013
01:54 PM ET (US)
   A California couple who wanted a second medical opinion for their 5-month-old son. Authorities temporarily took their baby away from them, but the parents are now relieved to be able to hold their son again for as long as they want. A few weeks ago Anna and Alex Nikolayev had tooken there son into Sutter Memorial Hospital in Sacramento because he has a heart murmur. The couple had left with their son to get a second opinion on the baby's condition but was told that they can go to another hospital to get a second opinion but meanwhile the five moth year old baby would have to stay. The mother took the baby and walked out and got another evaluation from Kaiser Hospital and from there was able to go home.
   Anna and Alex Nikolayev thought everything was fine but then the next day police officers and CPS arrived at their house and was there to take Sammy away from them, this was all caught on tape from a home video camera. Thats not rich tho do that, they cut take someones baby away from them. A judge said that Sammy should be taken to Lucile Packard Children’s Hospital at Stanford to be evaluated, and his parents regained control of his medical treatment.
   I think its sad that this young mother had to go through that, because no mother should be put that to have a baby took away from your arms is the worst. I also think that it was not right to take the baby away because they were not even able to step foot in their home, that breaks the 4th and 14the amendment.
11
Anthony199
05-09-2013
12:34 PM ET (US)
I think would be sad that you dont want your kid because you wanted them and now you dont there people ijn the world that cant have a baby becuase if whats going on in there body so the next time that you have a kid and dont want it ive to someone that would want it.
     Kids are a gift form god only him and you just going to day that I dont want it why would some have a baby themsay I dont want that is nasty and dumb and mean to have a baby and them give it away why just keep it man wow.
      But some people do that and you cant help it and just work mit out and try to have a grwat life for you and your baby.Is it legale to seize anybodies child.r who has the right. Its just not right what they are doing over there.
Edited 05-09-2013 05:32 PM
10
Howard Hughes
05-03-2013
11:35 AM ET (US)
Last week California authorities engaged themselves in what many believe to be a violation of someones civil rights. The incident took place last week after Anna and Alex Nikolayev check their son Sammie out of hospital without proper clearance. The hospital then took it upon themselves to evoke their child endangerment policy, which involves the police. After the police were notified, they reacted swiftly to the hospitals plea and took the child away from his parents, without a warrant of course.

Thankfully the police realized the parents were looking out for the child's best intrest, even though their methods were a little misguided. The child was returned safely to his parents last week.
9
Jasmeen Mann
05-01-2013
04:47 PM ET (US)
  Baby Sammie is a five month old child who has a heart murmur, a heart murmur is an abnormal sound of the heart, sometimes a sign of abnormal function of the heart valves. Sammie's deserves the best care he can get. His parents took him to a hospital in Sacramento because of his heart. Although the next day later Authorities showed up at the door and took Sammie away from his parents. By doing what the authorities did they broke the 4th and 14the amendment.
  They had no write to come inside the parents home and take baby Sammie away. I can hardly imagine what the mom was feeling with this happened. I understand that Sammie is a citizen and he deserves good care, although i see it as the parents had no right to even have a say in things until they went to court. But the good news is that Sammie is back with his parents, and he is in good health, that's all that matters.
  When things go wrong the child looks up to his parents and his mom, By them taking her child away that just is hurtful I hope SAmmie who is a 5 month year old child can get through this, he has a life to live for himself and his parents, I hope that he grows up to be strong and healthy. May God help that child.
8
Alexis Martinez
05-01-2013
02:24 PM ET (US)
  CPS can't do that just cause they want to. The baby was only 5 months old and had a heart murmur. One day they just entered the house and said to take the baby.
  
  The mom didn't want to let her baby go to the hospital cause he was already better but CPS insisted. So she did let them take her baby to the hospital but they put camcorders in the room to see the baby from their house to the hospital. I think that the cops had no right to just barge into their house and ask her for the baby. So that was really bad for CPS they really messed up and it should never do it again.
Edited 05-01-2013 02:24 PM
7
Vickeyy Ramirez :)
05-01-2013
12:10 PM ET (US)
   We live in a country that defends your rights as a U.S. citizen even if you are a baby. I do believe it was unfair for the authorities to just show up in someone's house that is breaking the 14th amendment I believe. I do believe is up to the parent's were they want to put there child for medical care it is not up to the doctor. But, I do understand why the Doctor did it though the parents moved the baby instantly from a medical facility without the okay from the doctor.

   Young Sammie suffers from a heart murmur that is a delicate issue especially for a baby who is only 5 months old. I understand the parent want he best place to cure there child, because of his sickness but the doctor was right they should at least waited for the baby to been better to change facility. The authorities are only following the policies of the amendments and the order the doctor gave them. Police officer's aren't bad people they just do what they are instructed to do and going with the laws.

   Baby Sammie just deserves the best medical care that's what I believe. His parent's should support him 100% and must want the best fot there beautiful baby boy. I believe there parents are foreigners and they aren't really sure how the amendments work but there baby was born in the U.S. and he is born with natural rights. That's why I understand why the doctor involved the authorities,because in the hospital policies is specifically says that any sick visitor that leaves without the doctor concern the authorities have the right to take any sick visitor back to the hospital.
6
Jasmine Mendoza
05-01-2013
12:08 PM ET (US)
     A five month old child was taken away from their parents, Anna and Alex Nikolayev, by police officers. A few weeks ago Anna and Alex Nikolayev had tooken there son into Sutter Memorial Hospital in Sacramento because he has a heart murmur. The couple had left with their son to get a second opinion on the baby's condition but was told that they can go to another hospital to get a second opinion but meanwhile the five moth year old baby would have to stay. The mother took the baby and walked out and got another evaluation from Kaiser Hospital and from there was able to go home.
   
    Anna and Alex Nikolayev thought everything was fine but then the next day police officers and CPS arrived at their house and was there to take Sammy away from them, this was all caught on tape from a home video camera. The parents did not know was happening and why they were taking him away from them. In court earlier this week, a judge said that Sammy should be taken to Lucile Packard Children’s Hospital at Stanford to be evaluated, and his parents regained control of his medical treatment. The judge also said the couple must follow all medical advice and not remove Sammy from the hospital without a proper discharge. Even though the couple got their child back they still have to go to court on May 28 and Child Protective Service will have to visit Sammy once he comes back home from the hospital.
   
     I think that it is sad that the parents had to be put through this, seeing there little baby be taken away form her arms and have no clue why or where they were taking him. I also think that it was not right to take the baby away because they were not even able to step foot in their home, that breaks the 4th and 14the amendment. They should have not tooken the child like that and knowing that he has a medical condition but it is good that they got their child back, and now is facing court dates. I hope that they don't take away the parent's custody from the child just because they wanted to get another opinion, which they got. So yea..... ^.^
5
Elizabeth
05-01-2013
12:05 PM ET (US)
    I don't think it's right to just take anyones child away form them and no one has the right to just take your child away. A few weeks ago Anna and Alex Nikolayev took their five month old son Sammy to the Sutter Memorial Hospital in Sacramento for a heart murmur problem he has. They wouldn't give her an answer to the problem so she decided to leave and go take their child to another hospital to have a second opinion on the risk their child might have. She said that she wanted to go to another hospital and she did and took him but after that the police came and took their baby.

    Child Protective Services say that if the child is in danger or their health or anything that the law enforcement has the right to take the child away. Well in this case the child wasn't at risk of their health or anything the child didn't have any marks bruises or cigarette burns anywhere on their body. This is just sad hat they can just come into anyones house and take their child away for no reason even though he has a medical problem. The worse part is that Anna doesn't even know where her own child is at. Once they have their child back Child Protective Services will appear at their house and see if everything is alright with the baby.

    In my opinion this is just wrong for someone to come and just take your child away from you. I would have died if they did that to me. Hell no I wouldn't let anyone touch him because I didn't know that having a baby was something wrong. If your baby has a heart problem and you just want to have him in a different hospital than that's your choice no one can tell you that you can't take your child into another hospital of your choice.
4
AngelAnthony Castellano
05-01-2013
12:01 PM ET (US)
      I don't think this is right in some cases. So the CPS took this women's son away from her because she wanted a second opinion. She had went to the hospital and the doctors and said there was something wrong and that the baby needs to stay and that she can go to another hospital but the baby is staying. Well I guess that didn't go as planned and she strapped the baby in and took off.
       So the hospital contacted the authorities as authorized to do because it says that if a child's health is in danger, that they need to contact the police. So she caught it on video of the police taking her son. That must be a horrible thing to see and I would hate that if that happend to me. I would go so crazy. They say that this broke the 4 and 14 amendment and yes it did because I researched what they were.
      I do not know what I would do in this situation. I wouldn't know who to talk to if the cops took my baby. Like aren't those the people you call when you don't know what to do. I bet she was so sad and down. That is not a good thing to do. Well the baby is currently in the hospital that the mom wanted and they baby seems to be okay at the moment. Hopefully everything goes well for the baby and his parents. The mom is very happy to see him and the baby seems happy to see his mom.
3
Abram
05-01-2013
12:00 PM ET (US)
  In Sutter Memorial,Sacremento a boy named Sammy who is 5 months old has heart mummers. The fourth and 14 amendment were broken when the parents of this child took Sammy home with no authorization.
  The parents of Sammy put him in a stroller and walked out of the front door of the hospital. The police and CPS ended up going to their house and taking the child from them and putting him back in the hospital. They moved Sammy to a hospital in Stanford so therefore the parents were required to go to. They now have control of what they do to their child but that they have to do what the hospital requirements are. CPS said if there is an imminent risk to the child, that they can remove him from their home. The parents are still going to court and they have one coming up on May 28th. The judge said CPS must be awarded visit. Sammy isn;t getting his nutrients because he is suppose to be getting breast fed by his mother.
  I think id your going to remove your child from a hospital while he is getting treated you aren't a parent. Putting your child in danger, i understand you want to hold him and all that but thats why theres visiting. CPS did good in taking the ill child back to the hospital if not Sammy would have been hurting.
2
Carlos N
05-01-2013
11:57 AM ET (US)
No it is not legal for the cops or CPS to just take you child. A mother and her baby where victims of something like that. The baby sammy that is five months old had a heart problem that requires the baby to stay at a hospital. The baby has a heart murmur. The parents didn't like that hospital that they had the baby in so they wanted to take him out.

The mom of the baby got her stuff and left out the door with here baby. She took the child to Kaiser. She had the baby with her for a few days. The cops and CPS came to here house and took the baby with out saying anything. The cops broke some amendments. The 4'th and the 14'th.

They had a court date and they stayed at, that they would get their child back but it will go back to the same hospital that it was in and the parents need to fallow medical advice.I think that the parents should have just left there child there and let doctors decide if the baby is good to go home. Unless the baby told the mom that he was better. But he is only five months old. The parents could've avoided all that buy just letting doctor tell them wats good.
1
Cesar Lopez7
05-01-2013
11:56 AM ET (US)
Is it legale to seize anybodies child.r who has the right. Its not right to seize anybodies child away from anybody but there are limits in that they could but only if u hit mis treat the kid wrong or they are not well taken care of. Many people leave there kids alone with out guardance an thats when drastic things happen. I think what they did to this lady was so wrong.


The cops an cps came to there house an took the. The ression they did that because she took the baby out the hospital. But the doctors had said she could leave. I think that was wrong from the cps because an little baby or kid should never be with out there mother kids at there young age rellie on there mother a lot. An specially in this case when the baby is only 5 moths never know he could of probly been getting feed by his mother an with that illnes to.

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