Family's lawsuit challenges run-away child protection law
Please click on the link above to read the decision's in this case.
Mueller v. Auker
Parents' right to make medical decisions at stake in lawsuit
Corissa Mueller and her daughter Taige
CIR's case on behalf of Eric and Corissa Mueller is one of the most important civil liberties cases now pending and the only one concerned with child protection law.
In recent years, the body of law protecting the institution of marriage and family has yielded to efforts by the government to regulate and recreate these institutions. On the one hand, judges busy themselves re-writing the laws of marriage to accommodate a broad array of individual partnerings. Yet on the other hand state child protection laws routinely sanction the removal children from traditional families for even slight deviations from current fashions in education, child rearing, and medical treatment.
CIR’s effort to restore principle to this area of the law continues to focus on its representation of the Mueller family in their efforts to hold child protection officials and police officers accountable for the unconstitutional seizure of their infant child Taige. In August 2002, a few weeks after birth, she came down with a temperature. As a newborn child is especially vulnerable to infection, her mother, Corissa Mueller, was advised to take her to nearby St. Luke's Medical Center.
Corissa—who has a degree in chemical engineering—discussed Taige's treatment with the physician, including the risks and benefits of treating her for meningitis. Thinking Taige was suffering the aftereffects of the family's recent bout with the flu,
"THE RIGHT TO FAMILY ASSOCIATION INCLUDES THE RIGHT OF PARENTS TO MAKE IMPORTANT MEDICAL DECISIONS FOR THEIR CHILDREN, AND OF CHILDREN TO HAVE THOSE DECISIONS MADE BY THEIR PARENTS RATHER THAN BY THE STATE"
WALLIS V. SPENCER, 202 F.3D 1125 (9TH CIR. 1999)
she asked to defer a spinal tap until other, less invasive (and less risky) treatments had been tried. The doctor agreed.
Unbeknownst to Corissa, though, the concerns she voiced about the risks of a spinal tap triggered a call to Child Protective Services (CPS), which then spiraled into the forcible seizure of Taige. The police officers restrained Corissa (one on each arm) and took her down the hall while the doctor performed the spinal tap. This happened despite the fact that, by then, Taige’s temperature had returned to normal.
Read what happened next....
The problem: no limits to child protective services
Though child protective services is supposed to protect chidren against neglect and abuse, it is not well situated to settle differences of opinion between a conscientious mother and an aggressive doctor. Corissa Mueller's "neglect" in this case consisted in nothing more than discussing Taige's treatment step by step and insisting on approving each procedure only when
needed.
A child protective services system that countenances the seizure of a child to preempt further discussion about the risks of an invasive medical procedure no longer serves the interests of the children it was designed to protect.
At the root of the problem is the fact that the Idaho child protection law—and the laws of many other states—immunizes doctors, police and CPS workers from negligently applying the requirements of the CPS law. As a result, city and state officials and even private doctors know there is no penalty for assume custody of a child, even over a parent's reasonable efforts to direct medical treatment.
Restoring limits and accountability to the system
In late August 2004, CIR filed suit in federal court in Boise, asserting that the Muellers possess a fundamental constitutional right to raise their children without unreasonable intrusion from state authorities.
CIR’s case hinges on the principle that the federal Constitution
provides a fundamental guarantee of parental rights—including the
right to make important medical decisions and the right to be informed of their children’s status and whereabouts.
On February 26, 2007, Judge B. Lynn Winmill agreed with CIR that the federal Constitution does not permit state officials to assume custody of a minor child over a difficult medical decision:
[A] DIFFICULT CHOICE -- A CHOICE THAT POSES RISKS EITHER WAY -- SHOULD NEVER TRIGGER INTERVENTION BY THE STATE. WITH NO SAFE ALTERNATIVE, THE STATE...LOSES ALL CLAIM TO MAKE DECISIONS FOR THE CHILD.
In addition, Winmill ruled that police officer Dale Rogers is liable in his personal capacity for failing to call Eric Mueller (who was at home with the couple's other two children) to inform him of the state's intention to assume custody fo Taige. Officer Rogers appealed his liability to the U.S. Court of Appeals for the Ninth Circuit, which heard argument on this question on September 15, 2008. You can read CIR's brief on this issue here.
Following the Ninth Circuit’s ruling, the
Von and Taige Mueller
case will be remanded to the district court for a trial to settle various factual disputes about what happened that night in the emergency room.
The Mueller case could spell out the federal constitutional limits on the authority of state officials to interfere with family decisions about medical, educational or other difficult issues. State officials no longer could presume a child to be in imminent danger solely to settle a disagreement over a complex decision.
Read the decisions:
Decision by Ninth Circuit Court of Appeals finding Detective Rogers shielded by doctrine of qualified immunity
Opinion denying in part and granting in part parties motions to reconsider an'd clarify earlier opinion (June 7, 2007)
Opinion granting in part plaintiffs' Motion for Summary Judgment(February 26, 2007)
Opinion denying defendants' motion to dismiss (April 14, 2006)
Opinion denying defendants' motion to dismiss (April 13, 2005)
Read the amended complaint (October 13, 2004)
Read press releases:
CIR press release (October 30, 2006)
CIR press release (April 18, 2006)
CIR press release (August 10, 2005)
CIR press release (September 29, 2004)
Read Idaho Statesman article about the case
Learn more about CIR's history, mission and other groundbreaking CIR cases.
Help CIR protect the family: donate to the cause!
Isabella Brooke Knightly and Austin Gamez-Knightly
In Memory of my Loving Husband, William F. Knightly Jr. Murdered by ILLEGAL Palliative Care at a Nashua, NH Hospital
Saturday, February 26, 2011
Foster kids over-prescribed ADHD drugs | Courier Mail
Foster kids over-prescribed ADHD drugs | Courier Mail
DAMAGING: Experts are concerned that children in foster care are being over prescibed ADHD drugs such as Ritalin. Source: The Sunday Mail (Qld)
TRAUMATISED children in state care are missing out on crucial counselling and other services, says the peak body for child protection in Queensland.
PeakCare executive director Gail Slocombe said the lack of support could be fuelling the high level of ADHD medication among kids under government guardianship.
The Sunday Mail last week reported that the rate of medication for Attention Deficit Hyperactivity Disorder among young people in foster homes is more than double the general population.
And the Commission for Children and Young People and Child Guardian has raised alarm that many children under six - some as young as one - are being given the powerful drugs against the advice of the manufacturers.
Ms Slocombe says desperate carers may be turning to medical solutions because there is insufficient access to services such as counselling and remedial education.
"There's a need for any child coming into the care system to have good psycho-social assessment and treatment," she said.
"By the time they get into the care system, they need services that will begin to undo the damage done by the issues in their family that brought them to the system or the trauma of being removed."
But the demand from the growing number of children in care meant it was often difficult to get suitable help.
"I find it very difficult to think there would be a situation where adults who have enough support would need to contemplate behaviour modification or psyotropic drugs," said Ms Slocombe.
"But if you are a parent without a lot of suppport and this very young child is not sleeping, is running around in danger of hurting themselves or others and there does not seem to be any other way and a doctor says 'this might help' they would take medical advice."
Child Safety MInister Phil Reeves said: "The Government does not prescribe any medication. The diagnosis and treatment of any medical condition must be made by a qualified doctor.
"The Government's role is to ensure children and young people in care have access to health services."
But Youth Affairs Network of Queensland director Siyavash Dhoostkhah says the minister is failing in his duty of care to vulnerable children by allowing the high use of medications among young children despite manufacturers' recommendations.
Adelaide Women and Children's Hospital head of psychological medicine Dr Jon Jureidini, a campaigner against the over-prescription of ADHD drugs, agrees.
"The government is completely responsible. Would you let a medical practitioner make whatever decision they wanted for your child?"
Dr Jureidini said there was no evidence of ADHD mediciation having long-term benefits and there could be dangers for young children.
"The brain is still developing and we know these drugs have an impact on neural growth."
DAMAGING: Experts are concerned that children in foster care are being over prescibed ADHD drugs such as Ritalin. Source: The Sunday Mail (Qld)
TRAUMATISED children in state care are missing out on crucial counselling and other services, says the peak body for child protection in Queensland.
PeakCare executive director Gail Slocombe said the lack of support could be fuelling the high level of ADHD medication among kids under government guardianship.
The Sunday Mail last week reported that the rate of medication for Attention Deficit Hyperactivity Disorder among young people in foster homes is more than double the general population.
And the Commission for Children and Young People and Child Guardian has raised alarm that many children under six - some as young as one - are being given the powerful drugs against the advice of the manufacturers.
Ms Slocombe says desperate carers may be turning to medical solutions because there is insufficient access to services such as counselling and remedial education.
"There's a need for any child coming into the care system to have good psycho-social assessment and treatment," she said.
"By the time they get into the care system, they need services that will begin to undo the damage done by the issues in their family that brought them to the system or the trauma of being removed."
But the demand from the growing number of children in care meant it was often difficult to get suitable help.
"I find it very difficult to think there would be a situation where adults who have enough support would need to contemplate behaviour modification or psyotropic drugs," said Ms Slocombe.
"But if you are a parent without a lot of suppport and this very young child is not sleeping, is running around in danger of hurting themselves or others and there does not seem to be any other way and a doctor says 'this might help' they would take medical advice."
Child Safety MInister Phil Reeves said: "The Government does not prescribe any medication. The diagnosis and treatment of any medical condition must be made by a qualified doctor.
"The Government's role is to ensure children and young people in care have access to health services."
But Youth Affairs Network of Queensland director Siyavash Dhoostkhah says the minister is failing in his duty of care to vulnerable children by allowing the high use of medications among young children despite manufacturers' recommendations.
Adelaide Women and Children's Hospital head of psychological medicine Dr Jon Jureidini, a campaigner against the over-prescription of ADHD drugs, agrees.
"The government is completely responsible. Would you let a medical practitioner make whatever decision they wanted for your child?"
Dr Jureidini said there was no evidence of ADHD mediciation having long-term benefits and there could be dangers for young children.
"The brain is still developing and we know these drugs have an impact on neural growth."
Nashua, NH DCYF handled allegations 3 months ago - NashuaTelegraph.com
DCYF handled allegations 3 months ago - NashuaTelegraph.com
By ANDREW WOLFE
Staff Writer
Nashua boy’s death ruled homicide
NASHUA – State child welfare officials investigated allegations that someone was abusing Christian Jackson less than three months before the toddler was murdered, court records show.
Three-year-old Jackson stopped breathing late Saturday night at his father’s house in Nashua, and was later declared dead. Authorities have deemed his death a homicide, caused by blunt force trauma, and police and the attorney general’s office are investigating.
Authorities had investigated Christian’s parents before, family court records show.
On Nov. 29, Shawn Ganley filed emergency petitions in both Nashua District Court and the Hillsborough County Family Court in Merrimack, seeking custody of his son.
Ganley had been taking the boy on weekends, from Friday evening through Sunday evenings, for about a month at that point, while his mother, Latoya Jackson, cared for him during the week, according to court records.
“Since I have separated from my son’s mother I have been taking him every weekend,” Ganley wrote. “He has come with bite marks on his face, choke marks on his neck and this past weekend he has come with a black eye and the whole side of his head and face bruised. He has also in the past year had a broken arm and a dislocated shoulder.”
Ganley asked the court to let him keep Christian, writing, “I’m afraid she’ll take him back and something bad will happen to him.”
The court allowed Ganley to keep Christian for a week while caseworkers from the Division of Children Youth and Families investigated, court records show, and Marital master Alice Love heard testimony on the matter Dec. 6.
“DCYF confirms bruising but is unable to determine the source,” Love wrote after the hearing. “Based upon the testimony, the court is unable to find that the child should be taken from his mother.”
Love, DCYF and the parents agreed to continue the custody arrangement, that Jackson keep Christian during the week, and Ganley take his son on weekends. The case was scheduled for trial in May.
DCYF officials have repeatedly stated that they cannot comment on individual cases or investigations, and The Telegraph did not seek a comment on this one.
The prosecutor in the homicide case, Assistant Attorney General Benjamin Agati also said he could not comment on the prior DCYF investigation, or whether it had any bearing on the murder investigation.
A friend of Latoya Jackson, Shelly Kendzerski, said she believes Ganley exaggerated Christian’s injuries, and lied about alleged abuse cited in his petition “just to get at Latoya, to hurt Latoya, because she did not want to be with him.”
“That is all a bunch of bull,” Kendzerski said of Ganley’s petition. “Latoya does not beat her children. She may yell at them a little when they are doing something they shouldn’t do.... None of her children are in any danger being with her.”
Kendzerski said she has known Jackson since before any of Jackson’s children were born. Jackson has matured considerably since her arrest as a teenager in 2004, when she was accused and later convicted of helping a boyfriend hide the injuries he’d inflicted on their daughter, Kendzerski said.
Kendzerski said Jackson has always kept a clean home, and kept her children in good health, well-fed and well-clothed.
“Latoya is a great mother, she does everything she can for her kids. She’s a single mother of three. She doesn’t go out, she stays with her kids,” Kendzerski said.
Jackson has been in shock since Christian’s death, and hasn’t been eating or sleeping well, Kendzerski said. Kendzerski recalled at one point she kept repeating, “I want my baby boy back. I want him back.”
“She’s trying her best to keep it together for her other two children,” Christian’s five-year-old brother and infant sister, Kendzerski said.
Family and friends have set up a fund to help pay for Christian’s funeral: donations to the Christian Jackson Funeral Fund can be made at any TD Bank branch.
Andrew Wolfe can be reached at 594-6410 or awolfe@nashuatelegraph.com.
By ANDREW WOLFE
Staff Writer
Nashua boy’s death ruled homicide
NASHUA – State child welfare officials investigated allegations that someone was abusing Christian Jackson less than three months before the toddler was murdered, court records show.
Three-year-old Jackson stopped breathing late Saturday night at his father’s house in Nashua, and was later declared dead. Authorities have deemed his death a homicide, caused by blunt force trauma, and police and the attorney general’s office are investigating.
Authorities had investigated Christian’s parents before, family court records show.
On Nov. 29, Shawn Ganley filed emergency petitions in both Nashua District Court and the Hillsborough County Family Court in Merrimack, seeking custody of his son.
Ganley had been taking the boy on weekends, from Friday evening through Sunday evenings, for about a month at that point, while his mother, Latoya Jackson, cared for him during the week, according to court records.
“Since I have separated from my son’s mother I have been taking him every weekend,” Ganley wrote. “He has come with bite marks on his face, choke marks on his neck and this past weekend he has come with a black eye and the whole side of his head and face bruised. He has also in the past year had a broken arm and a dislocated shoulder.”
Ganley asked the court to let him keep Christian, writing, “I’m afraid she’ll take him back and something bad will happen to him.”
The court allowed Ganley to keep Christian for a week while caseworkers from the Division of Children Youth and Families investigated, court records show, and Marital master Alice Love heard testimony on the matter Dec. 6.
“DCYF confirms bruising but is unable to determine the source,” Love wrote after the hearing. “Based upon the testimony, the court is unable to find that the child should be taken from his mother.”
Love, DCYF and the parents agreed to continue the custody arrangement, that Jackson keep Christian during the week, and Ganley take his son on weekends. The case was scheduled for trial in May.
DCYF officials have repeatedly stated that they cannot comment on individual cases or investigations, and The Telegraph did not seek a comment on this one.
The prosecutor in the homicide case, Assistant Attorney General Benjamin Agati also said he could not comment on the prior DCYF investigation, or whether it had any bearing on the murder investigation.
A friend of Latoya Jackson, Shelly Kendzerski, said she believes Ganley exaggerated Christian’s injuries, and lied about alleged abuse cited in his petition “just to get at Latoya, to hurt Latoya, because she did not want to be with him.”
“That is all a bunch of bull,” Kendzerski said of Ganley’s petition. “Latoya does not beat her children. She may yell at them a little when they are doing something they shouldn’t do.... None of her children are in any danger being with her.”
Kendzerski said she has known Jackson since before any of Jackson’s children were born. Jackson has matured considerably since her arrest as a teenager in 2004, when she was accused and later convicted of helping a boyfriend hide the injuries he’d inflicted on their daughter, Kendzerski said.
Kendzerski said Jackson has always kept a clean home, and kept her children in good health, well-fed and well-clothed.
“Latoya is a great mother, she does everything she can for her kids. She’s a single mother of three. She doesn’t go out, she stays with her kids,” Kendzerski said.
Jackson has been in shock since Christian’s death, and hasn’t been eating or sleeping well, Kendzerski said. Kendzerski recalled at one point she kept repeating, “I want my baby boy back. I want him back.”
“She’s trying her best to keep it together for her other two children,” Christian’s five-year-old brother and infant sister, Kendzerski said.
Family and friends have set up a fund to help pay for Christian’s funeral: donations to the Christian Jackson Funeral Fund can be made at any TD Bank branch.
Andrew Wolfe can be reached at 594-6410 or awolfe@nashuatelegraph.com.
Oklahoma couple accused in abuse received $4,500 a month from Wisconsin for adopted children, sheriff says | NewsOK.com
Oklahoma couple accused in abuse received $4,500 a month from Wisconsin for adopted children, sheriff says | NewsOK.com
YUKON — The Canadian County couple accused of abusing their three children were receiving $4,500 a month support money from the state of Wisconsin, where they adopted the children before moving to Oklahoma, Canadian County Sheriff Randall Edwards said Thursday.
Oklahoma couple accused in abuse received $4,500 a month from Wisconsin for adopted children, sheriff says
John Edward Kluth, 50, and Sonja K. Kluth, 57, were charged Tuesday with child abuse and neglect and are accused by prosecutors of severe abuse of their two adopted sons and adopted daughter. They are free on bail.
Read more: http://newsok.com/oklahoma-couple-accused-in-abuse-received-4500-a-month-from-wisconsin-for-adopted-children-sheriff-says/article/3543816#ixzz1F6IRpX1o
YUKON — The Canadian County couple accused of abusing their three children were receiving $4,500 a month support money from the state of Wisconsin, where they adopted the children before moving to Oklahoma, Canadian County Sheriff Randall Edwards said Thursday.
Oklahoma couple accused in abuse received $4,500 a month from Wisconsin for adopted children, sheriff says
John Edward Kluth, 50, and Sonja K. Kluth, 57, were charged Tuesday with child abuse and neglect and are accused by prosecutors of severe abuse of their two adopted sons and adopted daughter. They are free on bail.
Read more: http://newsok.com/oklahoma-couple-accused-in-abuse-received-4500-a-month-from-wisconsin-for-adopted-children-sheriff-says/article/3543816#ixzz1F6IRpX1o
Nashua, NH Death of 3-year-old boy ruled homicide
Death of 3-year-old boy ruled homicide
ONLY ON FOX: Interview with boy's father
Updated: Friday, 25 Feb 2011, 12:20 PM EST
Published : Thursday, 24 Feb 2011, 10:58 AM EST
Nikoletta Banushi
Web Producer
NASHUA, N.H. (FOX 25 / MyFoxBoston.com) - The death of a 3-year-old boy in Nashua has been ruled a homicide, New Hampshire Attorney General Michael A. Delaney and Nashua Police Chief Donald F. Conley announced Thursday.
Christian Jackson was rushed to the Southern New Hampshire Medical Center from a home on Chestnut Street on Saturday night while in the care of his father. He was pronounced dead on Sunday.
In an exclusive interview with the boy’s father, Shawn Ganley tells Fox 25’s Bob Ward that his son stopped breathing around 11:30 p.m. on Saturday. Ganley says he tried to revive his son, but could not. He denies hitting or hurting him and has no idea why his son died.
New Hampshire's Deputy Chief Medical Examiner, Dr. Jennie D. Duval, completed an autopsy on February 21 and determined that the cause of the boy's death was blunt force trauma.
Meanwhile, FOX 25 has learned the boy's parents have criminal records.
According to police, Christian's mother, Latoya Jackson, was convicted of child abuse in 2005 because the father of another baby she has repeatedly broke their daughter's bones and she later admitted she hid her daughter's wounds from police. She lost custody of that little girl.
Ganley has been convicted of assault and a few drug charges. On Nov. 29, he filed a petition alleging that the mother or someone in her household was abusing Christian. Child Welfare investigated, but never determined the cause of his injuries and did not change the conditions of the custody agreement.
Police say the child was in Jackson's care most of the time, while the father had him on the weekends.
The victim's family set up the Christian Jackson Fund, held by Jennifer Dorval at the TD Bank branch at 191 Main St., to help pay for the funeral expenses.
Death of 3-year-old boy ruled homicide: MyFoxBOSTON.com
ONLY ON FOX: Interview with boy's father
Updated: Friday, 25 Feb 2011, 12:20 PM EST
Published : Thursday, 24 Feb 2011, 10:58 AM EST
Nikoletta Banushi
Web Producer
NASHUA, N.H. (FOX 25 / MyFoxBoston.com) - The death of a 3-year-old boy in Nashua has been ruled a homicide, New Hampshire Attorney General Michael A. Delaney and Nashua Police Chief Donald F. Conley announced Thursday.
Christian Jackson was rushed to the Southern New Hampshire Medical Center from a home on Chestnut Street on Saturday night while in the care of his father. He was pronounced dead on Sunday.
In an exclusive interview with the boy’s father, Shawn Ganley tells Fox 25’s Bob Ward that his son stopped breathing around 11:30 p.m. on Saturday. Ganley says he tried to revive his son, but could not. He denies hitting or hurting him and has no idea why his son died.
New Hampshire's Deputy Chief Medical Examiner, Dr. Jennie D. Duval, completed an autopsy on February 21 and determined that the cause of the boy's death was blunt force trauma.
Meanwhile, FOX 25 has learned the boy's parents have criminal records.
According to police, Christian's mother, Latoya Jackson, was convicted of child abuse in 2005 because the father of another baby she has repeatedly broke their daughter's bones and she later admitted she hid her daughter's wounds from police. She lost custody of that little girl.
Ganley has been convicted of assault and a few drug charges. On Nov. 29, he filed a petition alleging that the mother or someone in her household was abusing Christian. Child Welfare investigated, but never determined the cause of his injuries and did not change the conditions of the custody agreement.
Police say the child was in Jackson's care most of the time, while the father had him on the weekends.
The victim's family set up the Christian Jackson Fund, held by Jennifer Dorval at the TD Bank branch at 191 Main St., to help pay for the funeral expenses.
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