Courthouse News Service:
PITTSBURGH (CN) - Social workers must stand trial for seizing a newborn baby without finding out whether a poppy-seed bagel could have caused the child's mother to test positive for a trace amount of opiates, a federal judge ruled.
"Elizabeth Mort never imagined that the last thing she ate before giving birth to her daughter - a poppy-seed bagel - would lead to the loss of her newborn," according to a suit filed in October 2010.
But that's precisely what happened, she and the baby's father claimed. The couple was barred from seeing their week-old baby for four days, and they could not take the child home for another six days.
Lawrence County, Lawrence County Children and Youth Services, a caseworker and the hospital where the baby was born moved to dismiss the complaint, but U.S. District Judge David Cercone refused last week.
The judge noted that Mort and her partner, Alex Rodriguez, met the high standard required to keep a Section 1983 claim against government workers afloat.
The couple said Lawrence County Children and Youth Services had a policy of taking infants into state custody if the mother tested positive on one single drug screening at a hospital run by Jameson Health System.
The level of drugs needed to trigger a positive result on Jameson's test was exponentially lower than the level used in federal workplace drug-testing programs, according to the suit. Such levels make all the difference when it comes to determining whether illegal drugs are at work or whether food has caused a false-positive.
Mort says she never used illegal drugs during her pregnancy, and that her newborn was seized because the defendants adopted an overzealous, take-the-baby-first, ask-questions-later policy.
Knowing that Jameson's tests were sensitive to very low levels of opiates and morphine, and that the tests routinely reported false-positives, Children and Youth Services should have investigated whether Mort's positive results on an initial and confirmatory drug test could have been erroneous, according to the suit.
But social workers never informed Mort that she tested positive, and they never questioned what level of drug concentration the tests reported or whether Mort consumed food that could trigger a false-positive. Instead, they obtained a court order and seized 3-day-old baby Isabella from her home over her parents' pleas, according to the suit.
The caseworker eventually realized her error and reliance on faulty test results, but she still refused to return the baby immediately, the parents say.
Save for the two tests taken on the day Mort went into labor, nothing else indicated that Mort used drugs, Judge Cercone said.
In fact, "tests and treatment only supported the opposite inference," he noted.
"Mort's treating physician ... believed the test result was a false positive," the 32-page opinion states. "Baby Rodriguez had tested negative for exposure to opiates. Mort had a very low level of opiate metabolites in her system which was consistent with consuming certain foods known to produce false positives. Mort had consumed a food known to produce positive test results two hours before going into labor. No one asked Mort or any of her family members about the positive test results, her prior activities during pregnancy, the foods and drinks she consumed shortly before going into labor, the composition of her family household, and so forth."
The caseworker, Chrissy Montague, claimed she was entitled to immunity from suit because her petition for a court order to confiscate the baby was done in furtherance of her statutory mandate to protect children from abuse.
Cercone said that claim was "wide of the mark."
Mort and Rodriguez had taken issue with Montague's decision to initiate the confiscation process in the first place "without any individualized or specific investigation or determination that Baby Rodriguez was in danger of child abuse." The couple did not sue over Montague's petition for a court order, the judge said.
They also sued Montague over her alleged refusal to return the baby after acknowledging that the seizure was baseless, Cercone noted.
"These allegations identify decisions and actions that are beyond the petitioning and ministerial functions and are predicated on factual assertions that do not establish entitlement to immunity as a matter of law," Cercone wrote.
The judge also refused to dismiss a conspiracy claim against Jameson Health System, finding that the couple had sufficiently shown that the hospital worked closely with social workers to enable an unconstitutional baby-seizure protocol.
Cercone did, however, dismiss the claim against Jameson for negligent infliction of emotional distress, finding that the couple failed to allege that the hospital's conduct caused their injury.
Fact and expert discovery must be completed by Nov. 22.
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
Thursday, September 8, 2011
Wednesday, September 7, 2011
Serious failures in child protection services
Serious failures in child protection services
Through the Looking Glass
by Leo Olivero
The Panorama article last Friday which exclusively revealed where an 11 year old child whilst in care of the social services agency was admitted into the KGV hospital, circumstances which by all accounts made ‘government the corporate parent’ of this child, and importantly created a very disturbing situation that literally stunned many.
However I believe the story involving this vulnerable youngster in care shockingly revealed ‘serious’ failures by the very people meant, and paid by the public to protect such defenseless children!
Through the Looking Glass
by Leo Olivero
The Panorama article last Friday which exclusively revealed where an 11 year old child whilst in care of the social services agency was admitted into the KGV hospital, circumstances which by all accounts made ‘government the corporate parent’ of this child, and importantly created a very disturbing situation that literally stunned many.
However I believe the story involving this vulnerable youngster in care shockingly revealed ‘serious’ failures by the very people meant, and paid by the public to protect such defenseless children!
Ex-state social worker enters not-guilty plea to records falsification
Ex-state social worker enters not-guilty plea to records falsification
LAWRENCEBURG, KY. — A former state social worker pleaded not guilty Tuesday to criminal charges that she falsified records in child abuse and neglect cases.
Margaret “Geri” Murphy, 60, entered the plea in Anderson Circuit Court. It was her first court appearance since Murphy’s Aug. 2 indictment on nine felony counts of tampering with public records related to cases she investigated between 2006 and 2010.
LAWRENCEBURG, KY. — A former state social worker pleaded not guilty Tuesday to criminal charges that she falsified records in child abuse and neglect cases.
Margaret “Geri” Murphy, 60, entered the plea in Anderson Circuit Court. It was her first court appearance since Murphy’s Aug. 2 indictment on nine felony counts of tampering with public records related to cases she investigated between 2006 and 2010.
20 Telling Stats on Parenting Today
20 Telling Stats on Parenting Today - Medical Billing and Coding Certification:
20 Telling Stats on Parenting Today
Posted on September 6, 2011
Many different parenting styles exist today, and although we all have our own practices and beliefs in raising children, statistics reveal that we’re not all that different. Women are waiting longer to get pregnant and are going back to work before kids go to school. Single and divorced parents make family life work, and same sex parents do a good job, too. Although some of these statistics may be shocking, they all offer an interesting look at the state of parenting in the US today.
20 Telling Stats on Parenting Today
Posted on September 6, 2011
Many different parenting styles exist today, and although we all have our own practices and beliefs in raising children, statistics reveal that we’re not all that different. Women are waiting longer to get pregnant and are going back to work before kids go to school. Single and divorced parents make family life work, and same sex parents do a good job, too. Although some of these statistics may be shocking, they all offer an interesting look at the state of parenting in the US today.
Government Study Proves THC from Cannabis Destroys Cancer Cells
Government Study Proves THC from Cannabis Destroys Cancer Cells | Big Health Report:
Medicinal marijuana oil made from cannabis buds, when ingested thrice daily, for two months, will destroy leukemia and cancer cells. Here is just one study which shows the results:
http://www.ncbi.nlm.nih.gov/pubmed/16908594
The government study was done by Jia W, Hegde VL, Singh NP, Sisco D, Grant S, Nagarkatti M,Nagarkatti PS at the Department of Pharmacology and Toxicology, Medical College of Virginia Campus, Virginia Commonwealth University, Richmond, USA.
To quote: ”Cannabinoids including THC, induce apoptosis in leukemic cells” PMID: 16908594
Medicinal marijuana oil made from cannabis buds, when ingested thrice daily, for two months, will destroy leukemia and cancer cells. Here is just one study which shows the results:
http://www.ncbi.nlm.nih.gov/pubmed/16908594
The government study was done by Jia W, Hegde VL, Singh NP, Sisco D, Grant S, Nagarkatti M,Nagarkatti PS at the Department of Pharmacology and Toxicology, Medical College of Virginia Campus, Virginia Commonwealth University, Richmond, USA.
To quote: ”Cannabinoids including THC, induce apoptosis in leukemic cells” PMID: 16908594
St. Charles Children's Home Prepares Children for Life with NEW Families
Fundraisers - Fosters:
The road race fundraiser has helped the sisters provide hundreds of children with the guidance, therapy and love they need to prepare them for life with new families. All proceeds of the road race go to benefit the children at the St. Charles Children's Home. On Monday, September 5, the Road Race will again be held at the Pease International Tradeport, starting at 9 am. For more information visit www.runningnuns.com.
Note: Notice how that first sentence states St. Charles prepares children for life with NEW families. I guess this means as Austins grandparent's we never had a chance at getting custody of him after he was placed there. The trip's we made to St. Charles for visit's were useless. No wonder they didn't last long. We didn't have a snowball's chance in Hell. Nashua DCYF had it all planned from the start when they placed Austin at St. Charles. They knew eight month's into the case, he was NEVER coming home. So now I know the truth. Once a child is placed at St. Charles, the child is NEVER coming home to his REAL family.
I remember the times we went to visit him, we had to sign in to a book in the foyer. There were ton's of other peoples names written in the section for Austin. These people were ALL visiting him to check him out like a dog in a dog show.
I also remember when we were finally allowed the half-assed home study. It was soon after A family had taken Austin home for a weekend and then decided it was bad timing for placement. Instead of letting Austin go home with his grandparent's, which was all he wanted from the beginning, DCYF continued to torture him and his family while the state continued to pay St. Charles $300.00 per day to keep Austin in captivity.
St. Charles is run by Catholic Charities, an organization I used to admire until my grandson was held hostage at St. Charles for DCYF. I USED to take my grandchildren to Church on Sunday before the kids were stolen. I've been there just once since. I can't bring myself to attend Catholic Church after what St. Charles and DCYF have done to my family. I am still Catholic and I still cherish our Heavenly Father. After all, he's not the one that conspired against my family. I thought the Catholic Church was all about family. In this case they've teamed up with DCYF and it's all about money. Not the best interest's of a child.
Above is a picture of Austin, so sad at St. Charles, thinking about HOME!
The road race fundraiser has helped the sisters provide hundreds of children with the guidance, therapy and love they need to prepare them for life with new families. All proceeds of the road race go to benefit the children at the St. Charles Children's Home. On Monday, September 5, the Road Race will again be held at the Pease International Tradeport, starting at 9 am. For more information visit www.runningnuns.com.
Note: Notice how that first sentence states St. Charles prepares children for life with NEW families. I guess this means as Austins grandparent's we never had a chance at getting custody of him after he was placed there. The trip's we made to St. Charles for visit's were useless. No wonder they didn't last long. We didn't have a snowball's chance in Hell. Nashua DCYF had it all planned from the start when they placed Austin at St. Charles. They knew eight month's into the case, he was NEVER coming home. So now I know the truth. Once a child is placed at St. Charles, the child is NEVER coming home to his REAL family.
I remember the times we went to visit him, we had to sign in to a book in the foyer. There were ton's of other peoples names written in the section for Austin. These people were ALL visiting him to check him out like a dog in a dog show.
I also remember when we were finally allowed the half-assed home study. It was soon after A family had taken Austin home for a weekend and then decided it was bad timing for placement. Instead of letting Austin go home with his grandparent's, which was all he wanted from the beginning, DCYF continued to torture him and his family while the state continued to pay St. Charles $300.00 per day to keep Austin in captivity.
St. Charles is run by Catholic Charities, an organization I used to admire until my grandson was held hostage at St. Charles for DCYF. I USED to take my grandchildren to Church on Sunday before the kids were stolen. I've been there just once since. I can't bring myself to attend Catholic Church after what St. Charles and DCYF have done to my family. I am still Catholic and I still cherish our Heavenly Father. After all, he's not the one that conspired against my family. I thought the Catholic Church was all about family. In this case they've teamed up with DCYF and it's all about money. Not the best interest's of a child.
Above is a picture of Austin, so sad at St. Charles, thinking about HOME!
Tuesday, September 6, 2011
Rights as a Childbearing Woman
Rights as a Childbearing Woman « Hypnobabies® Childbirth Hypnosis:
« Birth Partner Repeats “Joyful Pregnancy Affirmations” that He Learned Second-Hand to Calm His Wife
Rights as a Childbearing Woman
September 6, 2011 by enjoybirth
It’s come to my attention more than once in the past year, in stories related to us by our instructors, that our moms, birth partners and their babies are being coerced, or even threatened into compliance with certain state medical board mandates by members of their local medical community. I’ve heard of stories where our students are ‘challenged’ by medical authorities when voicing their preferences for their own treatment during childbirth, or their baby’s treatment (or lack of treatment) during the immediate postpartum period.
This is distressing to me as a woman and as someone who is entrusted with women’s education about such matters.
It is so important for expectant women to know about the “Rights of Childbearing Women” brochure.
Note that the items marked with a single *asterisk are LEGAL rights that are upheld by courts in the entire U.S. The items with a **double asterisk are very likely to be upheld in courts.
The “Rights of Childbearing Women” brochure spells out birthing women’s personal LEGAL rights…that no state health department’s ‘mandates’, or individual hospital’s ‘protocols’, or any one MD’s opinions, or a midwife’s temerity can fly in the face of…not even with veiled threats to call CPS, or the police like they do in some states.
This is a powerful tool for you.
If you know your LEGAL rights, and insist on them, CPS and even the police are rendered impotent in court. The more you are educated and empowered and insist on your LEGAL rights as childbearing women and as new parents, the less likely you will have them taken from you.
State mandated protocols about what is medically ‘safe’ and ‘necessary’ have been ‘wrong’ very many times in the past, and mothers and their babies have been harmed. For that reason, it’s important that PARENTS understand that YOU have the LEGAL right to the final say about how you give birth to your baby, and the right to make all decisions in your baby’s treatment during the immediate postpartum period.
« Birth Partner Repeats “Joyful Pregnancy Affirmations” that He Learned Second-Hand to Calm His Wife
Rights as a Childbearing Woman
September 6, 2011 by enjoybirth
It’s come to my attention more than once in the past year, in stories related to us by our instructors, that our moms, birth partners and their babies are being coerced, or even threatened into compliance with certain state medical board mandates by members of their local medical community. I’ve heard of stories where our students are ‘challenged’ by medical authorities when voicing their preferences for their own treatment during childbirth, or their baby’s treatment (or lack of treatment) during the immediate postpartum period.
This is distressing to me as a woman and as someone who is entrusted with women’s education about such matters.
It is so important for expectant women to know about the “Rights of Childbearing Women” brochure.
Note that the items marked with a single *asterisk are LEGAL rights that are upheld by courts in the entire U.S. The items with a **double asterisk are very likely to be upheld in courts.
The “Rights of Childbearing Women” brochure spells out birthing women’s personal LEGAL rights…that no state health department’s ‘mandates’, or individual hospital’s ‘protocols’, or any one MD’s opinions, or a midwife’s temerity can fly in the face of…not even with veiled threats to call CPS, or the police like they do in some states.
This is a powerful tool for you.
If you know your LEGAL rights, and insist on them, CPS and even the police are rendered impotent in court. The more you are educated and empowered and insist on your LEGAL rights as childbearing women and as new parents, the less likely you will have them taken from you.
State mandated protocols about what is medically ‘safe’ and ‘necessary’ have been ‘wrong’ very many times in the past, and mothers and their babies have been harmed. For that reason, it’s important that PARENTS understand that YOU have the LEGAL right to the final say about how you give birth to your baby, and the right to make all decisions in your baby’s treatment during the immediate postpartum period.
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