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.
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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.
At least the parents got the baby back. CPS is way out of line here, but it is possible that they had a legitimate health concern.
In my case, armed cops took my kids from my house, and I did not get them back. There was no abuse or neglect allegation, except for some trivial complaints about setting the alarm clock for 7:00 and other such matters. Even the crooked court psychologist agreed that there was no abuse or neglect, and that I was just as good a parent as my ex-wife.
So I have mixed feelings when I see these stories. I am happy to see CPS get public scrutiny for authoritative anti-parent over-reactions, but I wonder why the press ignores all the worse cases. CPS does outrageous things all the time.