Sacramento family fights seizure of child by CPS

Sacramento family fights seizure of child by CPS

May 24, 2013

By Katy Grimes

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SACRAMENTO — A Sacramento couple recently had their baby ripped from their arms at their home by Sacramento Child Protective Services workers, with the help of local police, after telling a Sacramento hospital they wanted a second opinion on treatment for their baby.

According to the family, Anna Nikolayev tried to leave Sutter Memorial Hospital and take her baby Sammy, 5 months old, to another hospital for a second opinion, when she was threatened with a call to the CPS. Sammy was born with a serious heart condition. After a nurse at Sutter Memorial tried to give Sammy medicine that a doctor later explained should not have been administered, Anna became nervous about the quality of Sammy’s care. She expressed her desire to receive a second opinion from another doctor.

Anna Nikolayev said she didn’t like the care Sammy was receiving from Sutter, and felt the doctors and nurses were “pressing us to do surgery.” She was told by the hospital workers, “You are free to leave this hospital, but your baby is not.” The hospital refused to discharge Sammy.  And they notified the CPS.

Anna put Sammy in his stroller, left Sutter Memorial and went directly to Kaiser Hospital. She met with a doctor there who said Sammy was free to go home, and didn’t need immediate surgery. The second doctor wrote that Sammy was cleared to go home with his parents. “I do not have concern for the safety of the child at home with his parents,” the Kaiser doctor wrote in the medical release from the hospital.

CPS shows up

The next day, CPS and the police showed up at the family’s home, claimed they had a warrant and the authority to take Sammy. Anna asked to see the warrant, but the authorities wouldn’t show it to her. What they had was a CPS order, generated in their offices, not a court order signed by a judge.  Thanks to Anna’s quick thinking, there is a home video of this abusive government action, in which one police officer can be heard telling Anna, “I’m going to grab your baby and don’t resist and don’t fight me, okay?”

Second doctor’s note

The Nikolayevs showed police the note from the second doctor, but to no avail. Police forced Alex Nikolayev to the ground. “This is like living under communist regime,” Nikolayev told News 10 the next day, as shown in the above YouTube. He and Anna are immigrants from Russia, which for 74 years was run by a communist government.

CPS took the baby away, claiming “severe neglect.” Sutter Memorial released a media statement explaining the qualifications of the doctors and nurses, but said, “Our nurses and physicians are bound by law to call Child Protective Services if they believe a pediatric patient’s health is in danger.”

Lawmaker wants audit of CPS

Assemblyman Donnelly is now demanding an audit of Child Protective Services.

Donnelly first contacted a Deputy Director at CPS. “The first question I asked them is, ‘Are these parents abusive? Do you suspect that they are guilty of neglect or something along those lines.’ And they said, ‘Absolutely not; 99.9 percent these are just normal parents.’ And I said then, ‘What the Hell are you doing?'”

Donnelly said CPS told him, “We don’t answer to Assemblymen.”

Donnelly wrote a letter to Sherri Heller, CPS Director, demanding to know under what authority was CPS acting by removing Sammy from the Nikolayev home for seeking a second medical opinion.

Heller responded to Donnelly in a two-page letter filled with legal codes justifying the CPS decision to take the Nikolayev baby:

“The law is clear: if there is imminent risk of serious harm to the child and there is insufficient time to obtain a court order to remove the child from the care of the parents, the social worker or law enforcement officer can remove the child. The legal term is ‘exigent circumstances.’…

“The laws and policies that guide agency practice are designed to ensure that there are adequate protections for the rights of everyone involved, while placing priority on children’s health, safety, and well-being.” 

“I am shocked and appalled an agency of Sacramento County would go so far to remove a child from the care of his able and loving parents,” Donnelly said.

On June 5 at 9 a.m. there will be a rally for the baby on the South steps of the State Capitol led by Donnelly. After that, he will lead a 10 a.m. hearing to audit the policies and procedures of the Sacramento County Child Protective Services regarding child seizures.

27 comments

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  1. us citizen
    us citizen 24 May, 2013, 17:24

    Government out of control!!

    Reply this comment
  2. Charles
    Charles 24 May, 2013, 17:53

    Be thankful we are not getting all the government we are paying for.

    Will Rogers

    Reply this comment
  3. The Modified Ted Steele Methodologies (tm)
    The Modified Ted Steele Methodologies (tm) 25 May, 2013, 07:08

    Miost of the time there is more to these cps stories— odds are they are saving this child’s life.

    Reply this comment
  4. Donkey
    Donkey 25 May, 2013, 08:42

    The state using their coersive power to terrorize another human family.

    Teddy Steals, you are a RAGWUS feeding amoeba, the current state espouses evil at all times. 🙂

    Reply this comment
  5. The Modified Ted Steele Methodologies (tm)
    The Modified Ted Steele Methodologies (tm) 25 May, 2013, 18:12

    Duncey– “evil at all times”—-are we having a hissy fit little buddy?

    lol

    and what’s raqwus?

    Reply this comment
  6. The Modified Ted Steele Methodologies (tm)
    The Modified Ted Steele Methodologies (tm) 25 May, 2013, 21:25

    Duncey? What does rakwus mean?

    You seem more cranky than normal. Well, clearly you’e not normal.

    Reply this comment
  7. dltravers
    dltravers 26 May, 2013, 20:03

    What a bunch of weenies. Your comments prove that CPS should come to take you away for your own protection.

    Reply this comment
  8. Jim Hanemaayer
    Jim Hanemaayer 27 May, 2013, 00:59

    CPS would qualify for execution by handing or burning at the stake but alas, it is not the world in which we live today. So, at least the entire agency should be reformed, including the termination without pay of all those involved in this case.

    Reply this comment
    • shelly
      shelly 16 July, 2015, 15:07

      Absolutley agree. Cps should be abolished from the face of this earth!. Cps is out of control not a single child or parent is safe!. There is so much corruption its all about money. Tax payer money spent on people that make bonus by removing children from their homes and placed in in limbo!!!!…

      Reply this comment
  9. Wayne Lusvardi
    Wayne Lusvardi 27 May, 2013, 06:33

    Where is the court in this case? The police have a right to take a child in an immediate emergency but here a full day passed, the police went to the second hospital, and the parents were bringing their child for medical care.

    The police should have asked the parents to allow the CPS worker to monitor the well being of the child with voluntary permission of the parents. But they should not have taken the child without a court order when there was sufficient time to get a judge to review whether an order to remove the child was necessary.

    The police should have also asked the parents to voluntarily place the child back in intensive care at the hospital of their choice until a judge could review this case.

    Reply this comment
  10. Queeg
    Queeg 27 May, 2013, 07:17

    Never met a doomer or truck stop clerk that hugged a government worker…..so sad…..they do so much but only face whines and moans from rabid conspiracy nuts!

    Reply this comment
  11. The Modified Ted Steele Methodologies (tm)
    The Modified Ted Steele Methodologies (tm) 27 May, 2013, 09:05

    Wayne– Court funding has been cut—- sorry— you wanted smaller gov.

    Reply this comment
  12. Donkey
    Donkey 27 May, 2013, 10:06

    Teddy Steals, you have no clue what’s coming my foolish little man. 🙂

    Reply this comment
  13. The Modified Ted Steele Methodologies (tm)
    The Modified Ted Steele Methodologies (tm) 27 May, 2013, 13:59

    Duncey— No one knows whats in the future little buddy. No one.

    The past tells us that we live in a land ruled by laws. It’ll be ok, try to relax a bit.

    CPS may have over stepped a bit, they do from time to time. Often though they save kids lives. I like it.

    Reply this comment
  14. Donkey
    Donkey 27 May, 2013, 15:43

    You have no proof if CPS has saved any lives Steals, but we can see they have terrorized a Mother and Father that was doing what they thought was best for their child.

    These hospitals and doctors, that will soon become part of the state, based on the implimintation of Obamacare, will have immense power to imprison and steal from the unconnected citizen. 🙂

    Reply this comment
    • mo garcia
      mo garcia 16 December, 2013, 12:49

      CPS has been overstepping their powers for a very long time and many parents are simply embarassed to say anything but it is becoming extremely obvious since now many parents are able to sympathize with these parents.

      Reply this comment
  15. The Ted Recondo Lerp
    The Ted Recondo Lerp 27 May, 2013, 16:38

    And you have no proof that anyone was terrorized.

    Common sense tells me that cps takes kids away from many unfit and abusive parents. The guilty often whine loudest.

    Reply this comment
  16. The Ted Recondo Lerp
    The Ted Recondo Lerp 27 May, 2013, 16:53

    Duncey,

    Look, pal, all I can say is this, and I mean it sincerely; when the Obamacare death panels ™ are deciding your fate, I hope that they see that your taxes are all paid up.

    Seriously.

    Reply this comment
  17. Donkey
    Donkey 27 May, 2013, 20:08

    Steals, you half-wit, the terrorizing is in the story.

    By far most of my money is in a trust you fool. I learned a long time ago to keep as much as possible from the paws of the RAGWUS feeders. I also sold two of my California properties and have bought a home in another state. People with the money to leave this state are going, and I will eventually be one of them, but I will be taking everything I can with me. 🙂

    Reply this comment
    • mo garcia
      mo garcia 16 December, 2013, 12:50

      steals would be the first and loudest to complain if the same happened to him, but alas, he is not a parent.

      Reply this comment
  18. The Modified Ted Steele Methodologies (tm)
    The Modified Ted Steele Methodologies (tm) 28 May, 2013, 06:04

    Poor Duncey— he feels the need to boast about out here! LMAO!

    Reply this comment
  19. The Modified Ted Steele Methodologies (tm)
    The Modified Ted Steele Methodologies (tm) 28 May, 2013, 06:08

    3 mortgages? You’re amazing Duncey! No one has EVER done that before! Does it snow in your dreams Duncey?

    Reply this comment
  20. Donkey
    Donkey 28 May, 2013, 19:46

    No Steals, they were all paid off little boy. I will be smiling as the old Golden state sinks under its own debt, and laugh as the RAGWUS feeders fall all over each other looking for another teet to feed. 🙂

    Reply this comment
  21. Steele, Ted, When only the very best will do!
    Steele, Ted, When only the very best will do! 29 May, 2013, 08:49

    LOL— paid off houses? Oh my you live in a dream world. Sure ya did little buddy!

    I bet you WILL “smile and laugh” when and if Calif. “sinks” under debt, because that’s the kind of person you are. I hope you have a swamp cooler on your trailer.

    Reply this comment
  22. Donkey
    Donkey 29 May, 2013, 15:37

    I see you are the perfect fit of the typical RAGWUS bottom feeder Steals. Your words:”I hope you have a swamp cooler on your trailer,” paint the perfect picture of you as a greedy and frightened little man, living off the labor of others, you see as a right, even though the crooked scheme you play by is a testiment to your values, or lack there of. 🙂

    Reply this comment
  23. mo garcia
    mo garcia 16 December, 2013, 12:51

    It is December 2013. Any updates for this poor family?

    Reply this comment
  24. Safa Noori
    Safa Noori 8 December, 2014, 00:29

    The most shameful of them all an organization nothing less than an underground gang Almost like mafia. I am a single mother of 11 years old autistic son that has been detained by orange county Dcfs for over 5 months now. My advise is not Toby afried of this creature I call the. Shout scream and embarrass them in public talk out load and call them names. I called the judge a clown that runs a circus calling it a dependency court or delinquency court and they said nothing to me ….

    Reply this comment

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