Alyssas family later discovered that a clinic social worker had filed paperwork to remove her mother as her legal guardianand to get a court-appointed guardian in her place. HSLDA takes a strong stance regarding parental rights, and has formed an organization called ParentalRights.org which is lobbying for a Constitutional amendment to protect parents rights. 2023 BDG Media, Inc. All rights reserved. Call Allison today for a100% Free Phone Consultation at (313) 930-2500, Copyright Allison Folmar | All Rights Reserved, Constitutional Right Choose the course of Medical Treatment for Special Needs Child, Constitutional Right Refuse Government Forced Antipsychotic Treatment, Detroit Family Law Attorney Allison Folmar is a National Expert on, Metro Detroit area family law attorney, Attorney Allison Folmar. Written from the unique perspective of a foster parent, Memoirs of a Baby Stealer chronicles Callahans experiences with five foster children, shedding light on the inadequacies of the Child Welfare System in this country. (b). They bounced between several different doctors at PCH, but they were all in the field of genetics. 271, 1, 3, 47 Stat. Originally it meant the stealing of children, since "kid" is child in Scandinavian languages, but now applies to adults as well. Never mind that these treatments were the result of recommendations from other healthcare personnel at various hospitals. The Mayo Clinic is one of the countrys most esteemed medical centers. by Mary CallahanDescription from Amazon.com: Mary Callahan never planned on writing a book about her experiences as a foster parent. Beata died by suicide after being denied access to her child. Subsec. In the course of enforcement of subsection (a)(4) and any other sections prohibiting a conspiracy or attempt to violate subsection (a)(4), the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding. They act and take actions with no regard for the constitutions of the states or the nation. With respect to subsection (a)(1), above, the failure to release the victim within twenty-four hours after he shall have been unlawfully seized, confined, inveigled, decoyed, kidnapped, abducted, or carried away shall create a rebuttable presumption that such person has been transported in interstate or foreign commerce. Supporters say the proposal would provide relief to those with debilitating illnesses. Josue Santiago was jailed for more than a year and a half before prosecutors dropped the case due to the medical examiner determining that his childs death was most likely caused by a congenital bleeding disorder. Felonious or unlawful restraint, also known as simple kidnapping, is the unlawful restraint of a person that exposes the victim to physical harm or places the victim in Slavery. Pub. Summary: medical kidnapping. (1) to (4). Reference to persons aiding, abetting or causing was omitted as unnecessary because such persons are made principals by section 22 of this title. In the case of medical kidnapping, a parents refusal to accept certain medical treatments that doctors and/or social workers believe will help the child may be regarded as unnecessarily endangering the life of the child. Pub. There is only one reason they can seize children away from loving parents: the power of a government agency called "Child Protection Services" (CPS). In addition, Alyssas mother discovered other signs that the rehabilitation staff wasnt caring for Alyssa properly. (d). The first thing most parents would do is get their child to a hospital immediately. A person who is convicted of kidnapping is usually sentenced to prison for a certain number of years. Unknown to the parents at the time, there was funding and drug trials going on for this rare condition. Under the Model Penal Code (a set of exemplary criminal rules fashioned by the American Law Institute), kidnapping occurs when any person is unlawfully and non-consensually asported and held for certain purposes. If you are being made to suffer a situation of medical kidnapping, call Attorney Allison Folmar for help today. Pub. the victim of an offense under this section has not attained the age of eighteen years; and. And hospital teams also work with agencies that include Child Protective Services, Assistant District Attorneys and attorneys for CPS, law enforcement, victim advocates, mental health professionals. Months later, not two weeks after giving birth, social services took custody of her 10-day-old baby girl. She was trying to wean her then 13-month old son from breastfeeding due to her pregnancy, and he was refusing to take in other fluids. This one simple act would solve most of the problems. (Read the full story here.). The hospital can work with the Department of Social Services to obtain legal custody of your child and the authority to make medical decisions for your child without your consent. Wisconsin Lawyer 68 (April). Bribery has been legalized. Part of their condition is also suffering with Gastroparesis, which is a partially paralyzed stomach. We respect your email privacy In 1996, the kidnapping and murder of Amber Hagerman in Texas inspired the Dallas/Fort Worth Association of Radio Managers and local law enforcement agencies in north Texas to create the nation's first "AMBER Alert" plan. Leahy, Patrick. Story here. Over almost a two week period, she worked with hospital staff and social services to provide her son with the care recommended by the hospital to improve his fluid levels. In most states, kidnapping statutes specify that any unlawful detention or physical movement of a child, other than that performed by a parent or guardian, constitutes kidnapping. Members of the group Arizona DCS Oversight Group (ADOG), a . (d) to (f). Most courts will sustain multiple convictions if the asportation exposes the victim to increased risk of harm or results in harm to the victim separate from that caused by the companion offense. The forcible and unlawful abduction and conveying away of a man, woman, or child, from his or her home, without his or her will or consent, and sending such person away, with an intent to deprive him or her of some right. Most medical abduction scenarios start the same way. In jurisdictions that authorize the death penalty, a kidnapper is charged with a capital offense if the kidnapping results in death. New York State, for example, bases its definition of first-degree kidnapping on the purpose and length of the abduction. The chief judicial concern with the charge of kidnapping is Double Jeopardy, which is multiple punishment for the same offense. Generally, these laws and rules hold that for kidnapping to be charged as a separate crime, some factor must set the asportation apart from a companion crime. Some statistics revealed in the video show that foster kids are: than if they stayed in an abusive household. Pub. Subsec. See References in Text note above. Fortunately the Ferris were part of an organization called Home School Legal Defense Association (HSLDA), and attorney Michael P. Farris got involved in the case. But doctors at Luries Hospital reported to Cook County Court that Michelle was guilty of medical child abuse, as they disagreed with the course of treatment chosen by the mother. In 2012, Jodi and Scott Ferriswere planning on having a home birth, assisted by a midwife. 1994Pub. Can nursing home neglect be considered criminal? In a jaw-dropping moment caught on video, an 18-year-old high school senior rushes to escape from the hospital that saved her life and then, she says, held her captive . (d) to (f). Pub. ping. Onion, John F. 1995. Subsec. Parents deserve the same Constitutional rights in respect to their children that all other members of society enjoy. Description from Amazon.com: This book of her stories is true. "Stop CPS From Legally Kidnapping Children" is a not-for-profit, 501(c)(3) national public interest organization dedicated parental rights, and to the idea of rescuing children from unwarranted forced parental separation, family preservation, family first ideology, and restoring the respect for children's rights through litigation on the preservation of the family unit through our multi . CPS has no authority to arrest parents or seize children. (g). If you are being faced with a situation of medical kidnapping, you need to get in touch with Allison Folmar immediately. Here is a plea Justina made herself toGovernor Patrick andJudge Johnston just before she was finally released: Unfortunately, Justinas story is not a unique situation in America today, but it is part of a corrupt system that has grown in power and is now out of control. Pub. Generally, carjacking occurs when one person forces a driver out of the driver's seat and steals the vehicle. 1956Subsec. L. 103322, 60003(a)(6), in concluding provisions, inserted and, if the death of any person results, shall be punished by death or life imprisonment after or for life. If need to go to the hospital, you may be filled with concerns about something going wrong. Her breathing tube was the wrong size, and they failed to notice that she had contracted a bladder infection. Notwithstanding the preceding sentence, the fact that the presumption under this section has not yet taken effect does not preclude a Federal investigation of a possible violation of this section before the 24-hour period has ended. Medical kidnapping is the phenomenon of the state taking children away from their parents and putting them into foster care, "simply because the parents did not agree with a doctor regarding their prescribed medical treatment for the family," according to the book, "Medical Kidnapping: A Threat to Every American Today." It is hereby declared to be the policy of this commonwealth to direct its efforts, first, to the strengthening and encouragement of family life for the care and protection of children; to assist and encourage the use by any family of all available resources to this end; and to provide substitute care of children only when the family itself or the Her son was taken from her by social services and placed in foster care. (1) and struck out par. In State v. Logan, 60 Ohio St. 2d 126, 397 N.E.2d 1345, 14 Ohio Op. The rights of parents to care for and make good decisions on behalf of their children are protected under the U.S. Constitution. It is time that we the people and the workers inside the CPS-DFCS and Family Court system are againequal before the law. There is only one reason they can seize children away from loving parents: the power of a government agency called Child Protection Services (CPS). Pub. Their supporters call it "medical kidnapping." . "National AMBER Alert Network Will Now Become Law." Indiana Law Review 25. 1986Subsec. Many states and counties have specific policies pertaining to such a situation. 1984Subsec. "There's plenty of legal precedent, going back decades, where courts have found that the state has a right to intervene in those cases," Allen said. A young, cute, little baby is about the most marketable commodity that exists., The chances they will get their baby back today are (slim). Thus, an asportation of 27 city blocks might not constitute kidnapping if it is merely incidental to a companion crime (People v. Levy, 15 N.Y.2d 159, 256 N.Y.S.2d 793, 204 N.E.2d 842 [N.Y. 1965]). Whoever attempts to violate subsection (a) shall be punished by imprisonment for not more than twenty years. What is Medical Kidnapping? From its beginnings in Texas, the AMBER Alert system spread until, by 2002, 55 versions had been adopted at local, regional, and statewide levels. The corruption of CPS, which is growing, has been well documented since the late 1990s. L. 104132 substituted If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States. for If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender. and inserted at end For purposes of this subsection, the term national of the United States has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. Children illegally seized & drugged: Attorney Allison Folmar Fights for Parents Rights. However, I want his twenty-one years of life on this earth to count; his life was not in vain. What should you know about elder abuse in nursing homes? On March 11th, the hospital claims she refused a B12 shot, and she was accused of medical neglect. The Lindbergh Act was named for Charles A. Lindbergh, a celebrated aviator and Air Force colonel whose baby was kidnapped and killed in 1932. Pub. There are several other ways in which medical kidnapping occurs. The bill then heads to the House, where its fate is . Free Shipping Available! Please check your email inbox or spam folder for our confirmation email. Sherburn, Minnesota CNN . (5). Free Shipping Available! Medical kidnapping isnt an issue that often makes headlines, but it is nonetheless a serious violation of patient rights. KIDNAPPING. (a)(5). During the course of their treatment, the girls family doctors clinic of eight years, Estrella Mountain Medical Group, suddenly sent a letter to the parents instructing them to transfer the girls to the care of Phoenix Childrens Hospital Special Needs Clinic. Share. Penal Code 135.25 [McKinney 1996]). The above stories are but a small sampling of what is happening all across the United States every day. (a)(3). The deplorable and unauthorized might of Child Protective Services is capable of reaching into and destroying any home in America. Based on title 18, U.S.C., 1940 ed., 408a, 408c (June 22, 1932, ch. Justina was taken away from her parents by force at the age of 15, and held for over a year as Boston Childrens Hospital kept her confined in their psych ward. Metro Detroit area family law attorney, Attorney Allison Folmar, has been at the forefront of the fight against medical kidnapping in Michigan and nationally. It does not follow that such conduct meets the ethical standards of the medical community or that it is beyond formal censure. She gets the job done and goes over and beyond her call of duty. An abduction that results in death is also first-degree kidnapping. A first-degree kidnapping in New York State is a class A-1 felony, which carries a sentence of at least 20 years in prison ( 70.00). 1972Subsec. Hammer. (Cal. A child is taken to the hospital due to an illness, injury or mental health issue, where the parent proactively seeks medical help. An included crime is false imprisonment. L. 95163 substituted reference to section 101(33) of the Federal Aviation Act of 1958 for reference to section 101(32) of such Act. Great attorney to have on your team. WALTERBORO, S.C. (AP) The judge who sentenced Alex Murdaugh on Friday to life in prison for killing his wife and son has earned attention and plaudits for his even-handed . Congresswoman Schaefer lost her Senate seat in Georgia as a result of her speaking out against the corruption within CPS, but states it was something worth losing for standing up for the rights of parents who were having their children kidnapped by CPS. While this may sound like a blockbuster Netflix Original set to be released this fall, it is a situation that is all too real for many parents. Generally, kidnapping occurs when a person, without lawful authority, physically asports (i.e., moves) another person without that other person's consent, with the intent to use the abduction in connection with some other nefarious objective. Most people are not prepared to navigate the maze of sometimes senseless procedures of a government agency that has too much power. When Isaiahs pain was reportedly not getting any better at Luries, his mother attempted to have him transferred to another hospital. Kenneth Gordon, 20, and a 16-year-old male were arrested on numerous charges, including kidnapping, assault, arson, and larceny. She and her husband were found murdered in their home in 2010. Blinka, Daniel D., and Thomas J. Syeshas story begins with a challenge a lot of breastfeeding mothers face. Hospital staff tried to physically prevent Alyssa from leaving. Hospital staff then transferred Alyssa into the rehabilitation unit to begin her long road to recovery. However, the system is flawed, and sometimes innocent parents get separated from their children due to holes in the system. Health Impact News Editor. As a result, they were fed through feeding tubes to bypass the stomach. In California, a carjacking statute is contained within the penal code's chapter on kidnapping, and it carries a sentence of life imprisonment without the possibility of parole. The state agencies would cease to exist. Kidnapping laws are similar to laws on unlawful or felonious restraint, parental kidnapping, and False Imprisonment. Anna and Alex had received poor care for their baby at a local hospital, and when the hospital wanted to do heart surgery on their infant, they wanted a second opinion and took the baby to a different hospital. What ensued was a long legal battle to get their daughter back, that probably only ended positively because her story went viral and was picked up by the national mainstream media. L. 103322, 320924, added subsec. This encourages several infringements on parental rights, including the phenomenon called Medical Kidnapping. He was convicted of two counts of attempted first-degree sexual assault, one count of kidnapping while armed, and one count of attempted kidnapping while armed. L. 94467, 4(a), substituted provision which includes acts committed against an internationally protected person and an official guest as defined in section 1116(b) of this title for provision which included acts committed against an official guest as defined in section 1116(c) of this title. The New Medical Kidnapping Panic L. 99646, 37(b), inserted or (a)(5) after subsection (a)(4). She refused to give up her daughter to Child Protection Services, so they called in a SWATteam and had Maryanne arrested, and seized her daughter. National Center for Missing and Exploited Children. The video is published on Facebook and can beseen here. InJune of 2014,Michelle Rider and her 16-year-old son, Isaiah Rider, traveled from Kansas Cityto Lurie Childrens Hospital in Chicago after doctors in her hometown, Texas, and Boston were unable to effectively treat his neurofibromatosis a painful condition that causes tumors to grow on his nerves. Pub. Code Ann. Doctors say the ailment is a bit of a strange one and will require certain special treatments. Subsec. Pub. In a case bearing several similarities to Justina Pelletiers familys experience with Boston Childrens Hospital, and Isaiah Riders familys experience with Lurie Childrens Hospital in Chicago, 10 and 12 year sisters have been seized by Phoenix Childrens Hospital over a medical dispute. Senior Consul of Russia, Vycheslav Uvarov, in San Francisco in the court in Sacramento, with Honorary Consul of Russia, Natalia Owen. The Horror of Legal Medical Kidnapping. Although it is not necessary that the purpose be criminal (since all kidnapping is a criminal felony) the capture usually involves some related criminal act such as holding the person for ransom, sexual and/or sadistic abuse, or rape. (b). Texas child welfare authorities closed the case after the investigation found no evidence that the parents abused their children.. Hospitals can be scary places. L. 94467, 4(b), added subsecs. (g). Subsec. She had only one goal as a parent, to help the children in her care. Earlier this year theBidwell family in Alabama experienced a similar story as the Ferris family did, when a doctor forced them to vaccinate their newborn child, against the wishes of the family, or have their child taken away from them by Child Protection Services (story here.). Hospital officials are obligated to inform parents of the risks and rewards of such medication, in order to help them make an informed decision. The missing doctor, Head of Department (HOD) of the Pharmacology Department of Nalanda Medical College (NMCH), informed . Calls for Legislation by Dr. Robert Mendelsohn, MD Kaplan, John, and Robert Weisberg. A person is guilty of second-degree kidnapping if he or she abducts another person ( 135.20). And the foster care system, where there are undoubtedly many fine people, can be turned over to private agencies where corruption due to massive federal funding can be eliminated. Often, parents find themselves in an unfamiliar situation where they are forced to accept certain medical treatments for their child, even when they know these treatments are harmful. Medical kidnapping happens when a child is taken to the hospital for an injury, a psychological problem, or an ailment, and the doctors and parents disagree over the medical care the child should receive. In addition, she is a National Expert onParental Rights,Medical Kidnapping, and theConstitutional Rights of adults and special needs children. They have been happening for quite a while. Medical kidnapping happens when a child is taken to the hospital for an injury, a psychological problem, or an ailment, and the doctors and parents disagree over the medical care the child should receive. Kayla and Hannah Diegel suffer from congenital disorder of glycosylation, (CDG, a form of mitochondrial disease.) Finally, if you are facing criminal charges after your child was a victim of medical kidnapping, you need legal help and you need it now. False imprisonment is a relatively inoffensive, harmless restraint of another person. Subsecs. The fact is there is no legal jurisdiction for medical professionals to take custody of children away from parents. "I'd be hard-pressed to think of any clear constitutional grounds for parents to simply substitute their alternative treatments for . Illegally seized and drugged children: Attorney Allison Folmar fights . Recently, the story of Syesha Mercado has hit social media, bringing medical kidnapping into the limelight. 326; May 18, 1934, ch. Many states consider parental kidnapping to be less offensive than classic kidnapping because of the strong bond between parents and children. https://legal-dictionary.thefreedictionary.com/kidnapping, Jonnel Estomo said former police and military officers who went AWOL (absent without leave) have been on their radar for their involvement in casino-related, Last June 7, six Chinese nationals were arrested for the. Medical kidnapping is part of a larger problem of State-sponsored child kidnapping. Parents who have taken their children off of psychiatric drugs after seeing the dangerous effects on their child have been charged with medical neglect and had their children forcibly removed from their custody. Yes, courts do sometimes have to step in and do what they think is right for a child over a parent's wishes, but there is no epidemic of doctors or child protective services kidnapping kids. And yes, they have been effective at identifying child abuse or neglect that may have been overlooked. Very professional, dedicated, and intelligent. As a result, many people were convinced that the late 1990s and new millennium saw a sharp decline in child kidnappings, which were well publicized, thanks to AMBER Alerts. In the end, Alyssa and her step-father devised a plan which led to her escape from the hospital. While parents have a right to decide what medical treatments their children receive, state agencies can often unfairly take that decision away from them citing a Compelling State Interest. It is prohibited by the Fifth Amendment to the U.S. Constitution. shall be punished by imprisonment for any term of years or for life and, if the death of any person results, shall be punished by death or life imprisonment. Penal Code 209.5 [West]). Done! He has been a school teacher, pastor, business owner and real estate broker. Alyssa was separated from her family, suffering in silence in her hospital bed. Most kidnapping statutes recognize different types and levels of kidnapping and assign punishment accordingly. The entire incident where the child we removed by force was captured on video: In the unedited video above, the entire incident of Child Protective Services and the Sacramento Police using force to take awayAnna and Alex Nikolayevs baby is recorded. She received a standing ovation from members of Congress. They then called 9-1-1 and reported a patient abduction. She requested that the care of her daughters be transferred to another doctor due to his neglect and endangerment of younger daughter i.e., not returning phone calls, ignoring her severe pain and documented bowel impaction being treated from home by registered nurses, under his supervision.. And the team can include additional Physicians, Registered nurses, Physician extenders such as nurse practitioners, and hospital social workers. Pub. L. 105314, 702(a), inserted ,regardless of whether the person was alive when transported across a State boundary if the person was alive when the transportation began before semicolon at end. L. 10821 substituted shall include imprisonment for not less than 20 years. for shall be subject to paragraph (2) of this subsection. in concluding provisions of par. Some will complain that children who are legitimately abused by their parents will suffer. Out of Control: Whos Watching Our Child Protection Agencies? Maryanne Godboldos story is told in the following video: This long protracted legal battle, which has resulted in the child being reunited with her mother and all charges against the mother dropped, would not have been possible without Attorney Allison Folmar. Now imagine the medical professionals you believed were there to help accuse you of abuse or neglect and take custody of your child. The phenomenon has seen a worrying rise in the past two months with almost daily reports on social media of kidnapped children, Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content, Ex-police, military officers tagged in casino kidnappings, PNP probing casino junket operators for rise in kidnappings of Chinese gamblers, Taraba Governor Signs Death Sentence For Kidnappers, Belly of the beast: Inside Shabaab's gruesome abduction syndicate, RAW 'involves' in terrorists activities in Pakistan: Haider Gilani, Man arrested for attempting to kidnap minor in Karachi, 2% of respondents in poll on bride kidnapping in Kyrgyzstan were abducted, Kidnapping Detection and Recognition in Previous Unknown Environment, Express kidnappings focus on foreign travelers, IOF kidnap Twelve Palestinians In Hebron, Tuesday at dawn, Editorial: Stop calling them 'isolated cases', Minister of Population holds urgent meeting on child kidnappings, Kefauver Investigation and Knapp Commission, kidney and cardiac voltage dependend K+ channel. (c). Your decision rights include the legal capacity to make medical and financial decisions on behalf of your children. The Corruption of CPS The phrase for any term of years or for life was substituted for the words for such term of years as the court in its discretion shall determine which appeared in said section 408a of Title 18, U.S.C., 1940 ed. Beata Kowalski was accused of Munchausen syndrome by proxy, a rare disorder in which a parent fakes a childs illness for sympathy or gain, although her daughters health continued to decline once they were separated. But as she learned their stories, it became painfully clear that the Child Welfare System had no sincere regard for the welfare of children. 1301(36)) after Federal Aviation Act of 1958. Description from Amazon.com: Corruption abounds, the system created to protect, assist, and enable children and families is now their worst enemy. They want to take your child away to compulsorily administer the life-saving medication, and theres nothing you can do to stop them. New York State also has a second-degree kidnapping statute. The charge of medical neglect is an oxymoron when it comes to the issue of psychiatric labels and drugs because: A) There are no medical/scientific tests to prove any child diagnosed mentally ill has a medical condition of mental illness, as none exists and. Pub. Subsec. (See revisers note under section 1 of this title.). Photo by Alexander Klimov posted on Facebook. A child advocacy pediatrician (CAP), who is a pediatrician with no further specialization, contracted by Family and Children's Services, labels your child as a victim of child abuse. 2006Subsec. Other times, a parent may be faced with allegations of medical child abuse for obtaining unreasonable medical treatments for a child.