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CPS Takes Baby After Parents Seek Second Medical Opinion

In a series of events that would have any new mom confused and distraught, Anna Nikolayev of Sacramento, CA, had her 5-month-old baby taken from her after bringing him to the hospital with flu symptoms.

When doctors there began talking about heart surgery the new mom decided it was time to get a second opinion. She and her husband, Alex, took their son to another hospital without first getting a discharge, and were apprehended there by police. Their baby appeared to be fine though, so the officers left him with the Nikolayevs.

The story doesn't end here though; in a tense interaction included in the video below, the police arrived at the Nikolayev home the next day with agents from CPS. This time they forced the couple to give up their son, later explaining in a statement to the press that there are concerns of severe neglect.


What do you think, is it severe neglect or a severe misunderstanding?

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amyo5496 amyo5496 3 years
This happened to me once when I had my baby and the doctor for some reason just realized I had been taken medication for a seizure disorder. My medication was prescribed to me by my neurologist who is also a pediatric neurologist. He assured me it was safe to take through my pregnancy, because my doctor (it's a very rural area) had never heard of that medication, he didn't know anything about it, so he had the pharmacist visit me shortly after my baby was born with a print out from the website which had "Consult your doctor if you are pregnant" highlighted. Seriously. I told him I did consult my doctor and he assured me it was safe. He stared at me blankly and said well idk that's just what it says. I got a bit nervous and tried to contact my neurologist, but because it was new years, I wasn't able to get in touch with them :( Sure enough, CPS showed up in my hospital room and prohibited me from breastfeeding my baby. Fortunately the case worker was much more understanding than my doctor, and closed the case. I was never angry with CPS, but I was furious with the ignorant doctor. That doctor abused his position of power out of spite.
RuthPetit RuthPetit 3 years
This is a case of CPS having way to power and not properly doing due diligence. I believe both CPS and the first hospital should be up on charges for this. It is obvious the second hospital did not agree with the prognosis. If what the first hospital said was correct CPS would not have been looking for a foster home....the child would have been rushed to the hospital for surgery.
SarahBrownRidinger SarahBrownRidinger 4 years
I know seriously.. CPS got involved in mine and my childrens lives for "domestic violence" because I had JUST had my second Baby was doing ALL the work, hubby not helping, hadn't even been a couple of hours since I'd had her, i was exhausted and frustrated because I wasn't actually getting help from the staff or my husband (one of the nurses was in the room, which is who called), and my hubby was sleeping and I hollered st him to get his lazy bum up and help, that was the ONLY time I'd hollered, never was cps involved before this with my other child but because I was trying to wake my husband up and get some help CPS had to do a whole 6 month investigation, I've NEVER harmed my husband or children, and they came every other day and had to take pictures of my children to make sure there were no bruises.. That's the flippin government for ya, sticking their noses where it absolutely does not involve them. I try to make it a point to not scream and yell because that can be very damaging to a grown up but especially to a child. The government had no right. I've been in this position before with my oldest and I asked a nurse if it was alright if we left without getting discharged to take her to another hospital and she said yes, CPS was never called, no big deal was made about us leaving. This is also not just the governments fault but the hospital staff as well. SHAME on you for being so absolutely concerned about your own well being and not that of the child, the parents we're doing what was right for THEIr child and getting a second opinion. Surgery is dangerous enough on a full grown adult let alone a 5 month old Baby, doing surgery that young could do more harm then good, if the baby really needed the surgery that badly the second hospital would've seen it and told them the same thing.
chrysaliswhite chrysaliswhite 4 years
This really makes me upset. How much power have we given our government where they have the right to take a five month old baby away from their parents!! That is just disgusting. Infants need their parents and their mother especially they depend on them for so much at that stage of life. This child will have serious repercussions from this and I bet government doesn't give one damn!! I hope there is a law that comes about from this case that protects parents from something like this happening in the future. We should have rights as parents to do what we think is best for our children, not the health care industry. They are not the best advocates for our health or our children's. They make mistakes all the time and it should not be left up to them! Parents are the best advocates for their children and it should remain that way!!!
JoleProvost JoleProvost 4 years
Cruel and ridiculous. They'd have to pry my daughter from my dead corpse. No shit about it. Period. Nobody will ever take her away ESPECIALLY after bullshit like that hospital!
Charles14476916 Charles14476916 4 years
no wonder they want to disarm americans. This is nothing less than kidnapping. The penalty for kidnapping is death. Youwould be well within your right to blow some heads off.
Veronica14475825 Veronica14475825 4 years
I think that parents have the right to a second opinion concerning any diagnosis of their child.CPS has entirely too much power and the rights of far too many families have been repeatedly violated. It's too bad that we are concerned with global warming, population increase,and preventing gun violence, but everyone turns a blind eye and a deaf ear to the open assault on the family from which it seems hardly anyone is immune, Maybe Congress and our President can enact laws that protect the rights, dignity and sanctity of the family.
Toni14474683 Toni14474683 4 years
KristiKamp i have seen personally way too many times when these child welfare agencies sit on their asses and do nothing for those kids that are in real danger and end up dying yet parents who would never do their kids harm get them taken for things like this where they just want another opinion. doctors are fallible and surgery is a last resort.... NOT A FIRST RESORT and way to many doctors are doing this because of the money they make out of it. YOU AND OTHERS LIKE YOU ARE PART OF THE PROBLEM BOTH IN THE US AND AUSTRALIA (where i am from).
ursulariches ursulariches 4 years
It is the worst of TYRANNY ABUSE by the STATE. The People need to get together with these parents and support them to sue the hospital and the government officials who have done this. FIGHT back because your state and nation are already being run by NAZIs. State kidnapping and abduction of children occurs readily against the most vulnerable parents for no reason, for any reason, for bad reasons and for false reasons. STOP it by coming together to fight it, People of America.
KristiKamp KristiKamp 4 years
Am I the only one who read the article and understands what's going on?? The child was taken away because they left without discharge paperwork. In the US if you leave the hospital against a doctors medical advice, you need to sign a release of liability form.,they acted irresponsible. Plus that CPS workers don't make rash decisions to take children away- their goal is the family and reuniting families. To take a child away, they need to convince a judge it is in the best interest of the child.
CoMMember13631188018554 CoMMember13631188018554 4 years
To Kiran Vadodara, Gujarat, India n/a I`d be glad to email communicate with you dyoung at I don`t know where you are now but how can anyone help you from Canada or the USA if you are in India. Perhaps you have a United Nations issue or need help with a petition of some sort. Let us know how we can communicate other than by telephone. Donna Young, a birth reviewer, since 1998.
JessicaTripp93879 JessicaTripp93879 4 years
This is sadly more common than you might think. Alot of doctors and nurses are way into police/cps calling. For anytime a parent doesn't do as they want. Sometimes it is neglect, but in cases like this and what happened to me it is a case of not getting their way. My oldest daughter was diagnosed with epilepsy. I wanted to research the medications that were available, side effects, and drug-drug interaction. The doctor called cps saying I refused to put my daughter on the meds they wanted right away, not giving me a chance to talk to her regular doctor locally either. I hope all is well with this family and their baby is back home soon. Hugs
CoMMember13631188018554 CoMMember13631188018554 4 years
Concern for Anna Nikolayev You too can lay information of criminal assault and battery if your infant was early cord clamped and you were not able to stop this by information given to you, you could have had your baby revived on the unclamped umbilical cord. Then he would not be anemic or at the time he may have been vaccinated, or would not have had a hole in his heart or a heart murmur which is common for babies too soon early umbilical cord clamped, and other latent developments related to too soon cord clamping. Parents can`t stop this standard of care, but a Court Inquiry can investigate, or hearting. This is public inquiry your Senator can assist with. The elected District Attorney can also assist. In Canada, CPS stands for College of Physicians and Surgeons. Does CPS stand for California Police Services? Or some other Children Public Social Services in California. They have a duty to act for you too, in investigating unnecessary medical operative steps, that were not a proven need or benefit to your infant, since its conception and to its afterbirth care. They are not private workers for the medical persons. They are apublic service. And doctors do a public medical services, as do midwives and 9-1-1 services, too. So investigate the child`s afterbirth care services, was the cord clamped and then cut off before the placenta was birthed. If so, the ball is in your court, an favorable to you. I any case, any child being picked up has to have some official court order to do so, so the present legal guardians, the natural parents, are present to give a response or defense. Often a child is taken home from a public institution or private one, or from a home birth situation with a licensed person present for that birth in a medically caused anemic condition. Latent conditions are related to too soon cord restriction, man-caused. This anemic condition is caused by early umbilical cord clamping off, or tying off the cord before the placenta is birthed. The child is anemic too few red cells. This continues for months later for too much placental blood was trapped in the placenta and sought for other uses and private and hidden profits. If the parents were not warned the early and unnecessary clamping or tying off the cord weakens their child, and this is a testable blood test fact, they may have an issue of assault and battery for no true informed consent. The CPS would need a written complaint from the mother and or the father or both of the to continue another type of criminal medical action, not a benefit to the child, when the clamping was imposed. This is a criminal allegation the parents of that child and they or a factual witness file a witnessed and sworn to be true statement. Vicarious liabilities: Name the hospital where the offense was allowed to take place as a standard of care or policy of that birthing institution. Include as an accessory before and after the fact of the birth care, all persons in the birth room, and in the after care of the placenta, cord, and membranes, such as a private medical or public lab that received the placenta and its contents. All are deemed accountable, or at least accessories, and more so, if they did not fully document everything or changed or destroyed the facts, The licensing and policy makers to allow no informed choice for all revival on the unclamped umbilical cord may be named too. This may be ACOG for stating all babies in the USA are to immediately cord clamped as a standard of care. The name of corporations or socities or colleges or government agents who approved a standard of unnecessary operative steps, not essential following the child`s afterbirth care may be named, jointly, severally, independently, collectively. They must present the experiments or policy they set for hasty cord clamping before the birth was completed. Investigations will prove that their best evidence is not best evidence, at all, for hasty cord clamping. They omitted on purpose all babies who were never cord clamped, ever, or cut from the cord from their studies or human baby experiments. This group thrives and are stronger and healthier babies then those who were instantly clamped or tied off before the placenta was birthed. Why do unassisted births have babies that thrive. It is because no one was there to clamp or tie off a functioning umbilical cord, or so said, Dr. Mavis Gunther (deceased), back in 1957, London, UK. It is true today, evidence that can be seen, today, stronger babies if the cords are never tied or clamped off, then cosmetically cut off. Totally, an unnecessary procedure for primal and natural birth choices being a right of all future parents. This is log cabin birth style, primal and natural birth, very legal. And, and the last President born in a cabin was Garfield. When I look at his photo, I think of Garfield the cat, lol. Primal and natural birth allows the time for the third stage of labor, the placenta is birthed, about 15 or more than 25 minutes. No rush is necessary for cord restriction by tying off a pulsating and red and firm ord. The placenta then is a flat cake, if the cord is no tied or clamped off. IDoctors will deceive all in the birth room to say the cord is white and not pulsating by chilling the child. This is hypothermia setting in, so they still trap the blood in the placenta by this trickery. They still get the placenta blood by saying the cord is non-functional. They will make any excuse to clamp and cut the cord, too, a regular firedrill involving the nurses, as an accessory to harmful afterbirth care. For a proper time period, the placenta`former blood contents will be inside the baby, nourishing it to its own creation of all placenta blood and immunities of natural environments. Placenta means flat cake if the proper afterbirth care procedures were followed with no cord clamping. Otherwise, the placenta is engorged and may be so engorged it is bigger than the baby`s head. Breaking down, this engorged placenta may then leak blood into the mother`s body, if she tore or was cut during the birthing situation. This too may endanger her, or for her next conception. Seeking the deprived infant`s placenta blood. Motive alleged . . .This is a money to the institution who has adopted a policy of clamping the cord before the placenta is naturally birthed or removed if a C-section. This is because that birth center or their contractors or its employees seek the placenta blood for selling it. They will be using a secret code, private, like calling a blood sample a chemical sample. Partly true, it is treated with Heprin, a form of a rat poison to keep the blood from clotting. This is good for 36 hours at room temperature, too, and such blood can be sent around the world in that time period, and it is sold. Human Rights Exploitation in North America: This is exploiting both the body of the mother who nourished that placenta and its contents for the benefit of the fetus, and her offspring, and took that whole blood for the organized medical services profits, all hidden. They did so of hidden agenda, supported, in all likelihood of the government officials and medical officials in your local area. It is always a local problem. It, therefore, must be dealt with as a local issue, even as an alleged criminal violation of no informed rights permitted to the legal guardians of the child, the natural parents. Damaged and impaired children become the burden of that area in higher special education costs and higher medical costs for sending home an known and testable anemic baby, then vaccinating it in that condition. You will do society a favor to lower tax burdens if you do report any such violations if they happened to your offspring. All early clamped babies will have potential latent disorders, but they will be connected and or related to the medical care before and afterbirth care of the baby. Check it out. Suggestions, what to do: See a criminal prosecutor who specializes in private prosecution. In Canada we call that laying of information before a justice of the peace. Who to go after: You want to go after the corporations, and that may be the city, state or the Federal Nation by its criminal laws. And, mostly, those medical groups and their ad hoc medical committees who are all organized in making medical policies that are imposed as an element of surprise and are excused as a medical standard of care. No. The informed risk factors must be shared to the parents to decline those endangering afterbirth services, including the risk known to some vaccines. This means that the parents had no control over and could not stop an unnecessary operative step , , , the cord clamping or tying off or finger-thumb squeezing off the functioning, red, firm and pulsating quality of lifeline cord. For an unnecessary afterbirth situation, Californians have the best chance to lay a criminal charge against those who permitted it, no true informed consent or to stop the deed. These are the opinions of a birth reviewer since 1998, dyoung at pris . ca
AngeeSylvester AngeeSylvester 4 years
This makes me sick to my stomach! That baby needs to be in the arms of his loving parents not some strangers that know nothing more than what CPS is telling them. UGH!
StashaViteri StashaViteri 4 years
I also find it ironic when I clicked the link I see a story that says abused child dies; parents arrested. Where was the CPS for that child.
StashaViteri StashaViteri 4 years
The only reason they want you to be discharged is to protect the hospital, not the patient. Most papers are releasing the hospital of liability.
CoMMember13631188018554 CoMMember13631188018554 4 years
Response to RoushaMcCann Were you aware that if the medical afterbirth care persons did early umbilical cord clamping before the placenta was birthed and all pulsation ceased in the cord, that this weakens the baby's heart and lungs. The medical motive hidden may be profits in time convenience of a busy staff, or for profits to sell the deprived placenta blood deprived the babies who are chosen for hasty and early cord clamping. The policies are a local issue. The baby is knowingly weakened, looks apparently okay, on the outside. But yet a weakened child from what it was in the womb. This is because more blood is left in the placenta that otherwise ought to have been inside your baby. Having more blood inside the baby, particularly, to the heart, will then close off the by-pass windows in the heart, and this prevents heart murmurs and the hole in the heart if they are sealed off. The complete placental blood infusion may take from 15 to over 20 minutes and doctors do not want to wait that long, or the hospitals nurses to allow this third stage of labor's completion. The by-pass windows are there for the fetal circulation when the placenta is cleaning the blood with refreshed oxygen while it is yet attached inside the mother's womb. The by-pass windows close off with more blood not less, and when the baby is fully breathing on its own. When the placental blood is where it belongs, inside the baby, the fetal circulation closes off, the by-pass windows seal off, and the blood then goes into the lungs, for the baby to do their own cleaning of the blood, releasing carbon-dioxide, and bring in fresh oxygen when the baby is fully breathing on their own. The hasty cord clamping, often done to seek the placenta blood and store it as cord blood in a private or public blood bank, weakens the child. It is testable anemic, months after the birth. You can only know this by doing a full blood count testing, soon after the baby is birthed, and months later. If the baby is yet anemic, do not vaccinate the child as that adds risks to their well-being, too. I had a cousin who had the fist hole in the heart operation, too soon, in Vancouver, B.C. and she died. It is best to allow the baby to create all its own blood so it is not anemic and has proper blood pressure to the heart, and this seals the hole in the heart; and the heart murmur is likely caused by the heart valves being damaged. It, too, is caused by too soon cord clamping, or holding the baby so low, that too much blood races from the cord into the baby, and damages these little valves, so there is a heart murmur, or it too, may be resulting by a medical caused anemic condition. Whenever a baby has either heart or lung disorders, sleep disorders, eating disorders, behavior problem (autism) and or learning difficulties, always review how soon the quality of lifeline was clamped off, restricted. The choice is always a local medical persons decision, and never the parents. Parents or others cannot legally endanger the child for cosmetic clamping or cutting off a functioning organ, and one that is not diseased, removed. Medically caused anemia. You can compare the blood left in the placenta and some in the cord. It will be normal count of blood cells. Not so for the blood inside the baby. All babies who are early cord clamped before the placenta is birthed can be tested of their internal blood and found anemic. This is preventable,and should be a local consideration of medical assault and battery on the child, even if it lived. Consider this a medical assault and battery of no true informed consent. What loving parents would weaken their child by doing an unnecessary operative step, clamping off the inflow of placenta blood, then discarding it, rather then the child to have all the known health benefits? If animal doctors did this to dumb animals, they would be tried in a criminal court. Why not also human baby medical persons, too, for doing unnecessary things to a dumb human creature who cannot stop this nonsense. I am a birth reviewer since 1998, and daily.
KimberlyGarigin KimberlyGarigin 4 years
I don't think the child should have been taken. Just because they have accents doesn't mean they don't care about their child. I had my husband and mother come with me when I thought something was wrong with my daughter. They wanted to call CPS on me but my mother and husband wouldn't let it happen. My mom said she was going to call the news if they took mine and they never found out what was wrong with her. I was told to give her rice at 4 months old cause she was throwing up her formila. For all I knew she was haveing an allergic reaction!!
Tia75980 Tia75980 4 years
That was so wrong.They have a right to take their kid to any hospital they want,and just because they decided not to keep him at that hospital,doesn't mean theyhould have called CPS. That hospital staff is so evil.
JulieOverall67462 JulieOverall67462 4 years
I think this is very over rated . I can't believe that the state would step in and try to take this precious baby from two parents who appear to be very concerned and compassionate about their little ones' health and well being . Their home appears to be clean and neat and very baby friendly and the baby looks very well taken care of. This is what's wrong with our country . People who don't deserve to have children are allowed to keep having them and raising them in unfit circumstances where they are not provided with the proper care needed to grow up in a healthy environment where they have a chance to grow and mature into prosperous successful parts of society as we know it !
Tammy14460902 Tammy14460902 4 years
I think we need MUCH MORE information than what is provided to make a solid judgement.
DeniseArbuckle DeniseArbuckle 4 years
So, let me get this straight. The parents are simply seeking a second opinion, and their child is taken away. Yet my boyfriend's daughter missed school for almost SIX WEEKS because mom was too irresponsible to get her school immunizations up-to-date, yet there was NO intervention? This seems ridiculous to me!
RoushaMcCann RoushaMcCann 4 years
my oldest son was born with a hole in his heart AND a heart murmer....Dr's did NOT want to do surgery until he was at least 2 years old, but said mos likely he would outgrow both. He went back every 6 months until he was 2, and the hole had repaired itsself, and the murmer was also gone, so, as far as I'm concerned, the Dr had no right to want to perform a surgery on a seemingly otherwise healthy baby without waiting to see if he out grew it!! That Dr, hospital, AND CPS all need to be sued!! I pray that baby is reunited with his parents
KaySmith68160 KaySmith68160 4 years
Is the child back home is what I would like to know. This is not JUST a misunderstanding, this is gross negligence on CPS, the hospital and doctors part. Sue them ALL. It is not up to the doctor to decide what to do with the babies health. His only responsibility is to tell the parents what is wrong with the baby and if the parents CONSENT, then surgery. However, non of that happened and instead they take the baby from their parents. YOU ALL HAD NO RIGHT> Makes me sick to think CPS and the Doctor have more rights than a parent. I hope the doctor and CPS are sued for gross negligence!
MichelleChacon13819 MichelleChacon13819 4 years
This post doesn't give a lot of details. There are more details on other sites, but News people do sometimes sensationalize. HOWEVER, I know someone who knows this couple. From what I am told, this is what happened....They took him to Sutter due to flu symptoms, he has a heart murmur that the doctor at Sutter wanted to do heart surgery. Now, in most cases, a heart murmur is something that can be grown out of and may not be urgent to do surgery on a 5 month old. There were issues at Sutter that made the mother not trust them. They wanted a second opinion and so they left Sutter. (No, they didn't get discharged, so that was a mistake, they left against the Doctor's wishes, however not being from here originally, they may not have understood about signing out against Doctor's advice). They went from Sutter to Kaiser to get a second opinion and THAT doctor said the baby was fine and didn't need surgery immediately. They went home. The doctor or nurses at Sutter were the ones who called CPS. Cops showed up, saw the note from the Kaiser Doctor and left. Apparently CPS and Sutter Doctors weren't happy with this and they went back. NOW, I've heard they have to take the child to Stanford for a THIRD opinion. Which is fine, however who is paying for that? I do not know if the child is back with the parents at this point, I've heard that even if Stanford says baby is fine, that CPS will inspect the home weekly for a while. Now why does CPS need to do that if all that was done wrong was NOT signing out of Sutter, from a hospital they didn't trust anyways? Nothing wrong with getting a second opinion.
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