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Newborn Seized in Hospital by Police, Social Worker
Home School Legal Defense Association (HSLDA) ^ | March 27, 2012 | Michael P. Farris, Esq.

Posted on 03/28/2012 7:52:10 AM PDT by Sopater

I am not content to sit on the sidelines while the government gradually usurps the very essence of parental rights. I hope you share my determination. We need to stand with people like Scott and Jodi Ferris (obviously no relation to someone named Farris). Here’s their story:

Jodi went into labor a bit earlier than she had expected—and the baby was coming rapidly. Given their location and other factors, the midwife they had hoped would deliver the baby at their home encouraged them to get in an ambulance and head to the hospital.

Their baby, whom I will call “Annie,” was born in the ambulance in the parking lot of the Hershey Medical Center—a government hospital in Pennsylvania. Hospital personnel arrived very quickly and took charge of both baby and mom.

As any mother would do, Jodi immediately began to ask the nurses and attendants how her baby was doing. The hospital staff was utterly unresponsive. When they started to give Jodi an injection, she asked what it was and what it was for. They gave her vague answers like, “It’s just to help.” Only after giving her the injection of oxytocin did they tell her what it was and then asked, “You aren’t allergic to that are you?”

Jodi persisted in asking about Annie. No one would tell her anything other than “she’s in good hands and you’ll be able to see her soon.”

Eventually a doctor told her that Annie scored a 9 on a physical exam applied to newborns known as the APGAR test. A score of 8 or higher is considered healthy. (It is unclear when the score was given since she was in the ambulance at birth.) But shortly after this a different doctor told Jodi that Annie was “very sick” and would need to stay in the hospital. This doctor’s comments were accompanied by an explanation of his disdain for midwives saying, “Too many people think they know what they’re doing.”

About an hour later, another hospital staffer finally brought Annie to Jodi and said, “The baby is doing good. She will be able to go home in no time.”

Legal Requirements?

However, several hours later yet another staffer told Scott and Jodi that Annie would have to stay in the hospital for 48 to 72 hours for observation. Even though they persisted in asking why Annie would need to stay, his only answer was that “the law requires us to keep the baby for 48 hours.” When they asked for a reference to this supposed law, he answered, “you’ll have to get that from risk management.” (By the way, there is no such law in Pennsylvania.)

The risk management staffer eventually told them that even though they saw nothing wrong with the baby, they just like “to keep babies like this” for 48–72 hours. The Ferrises were told that Annie would not be released for this period since it was “unsafe for her to leave the hospital.”

Eventually, a risk management staffer admitted that the risk that was being managed was not the health of Annie but the risk that the hospital might get sued if something went wrong after she was discharged.

Ultimately, risk management said that they would be satisfied with a 24-hour stay and that Jodi and Scott could remain with the baby overnight.

You have been Accused

Late in the afternoon, a government social worker named Angelica Lopez-Heagy came into Jodi’s room announcing that she was there to conduct an investigation. Jodi asked to know the allegations. The social worker claimed that it would be against the law for her to show Jodi the allegations.

Jodi replied that she would not be comfortable answering the questions if she couldn’t know the allegations. Immediately the social worker proclaimed, “Since you’re not going to cooperate, I’ll just go and call the police and we can take custody of the baby.”

Fearing that the social worker would carry out her threat, Jodi replied that she was willing to cooperate.

The social worker soon intimated that the issue was Jodi’s refusal to consent to medical treatment for the baby. Jodi replied that she had no idea why anyone would say that. The social worker claimed that she had refused to allow a Vitamin K shot for Annie. Jodi replied that no one had asked her about such a shot. Moreover, she had overheard hospital staffers saying that they had already given Annie such a shot.

Neither the social worker nor any hospital staffer ever gave Jodi or Scott any example of any medically necessary treatment that they had refused for Annie.

At this point, Scott left the hospital to tend to their older children who were staying with friends.

Ordering Tests

Shortly after this, the hospital asked to check Annie’s white blood cell count and to perform a strep test. Jodi agreed to the testing.

Then the hospital demanded that they give Annie shot for Hepatitis B. Jodi said that she would agree only if they tested her or Annie to see if either of them were positive. If so, then she was quite willing to have the shot for Annie. The hospital claimed that they had forgotten about this earlier when it was still possible to test that day, and that they needed to give the shot anyway without any testing.

When the social worker pressed her to make an immediate decision about this shot, Jodi asked her if they could simply wait until Scott got back before they decided.

Put yourself in Jodi’s shoes at this moment. You gave birth that morning in an ambulance. The hospital has made wild and conflicting claims about your baby’s health all day long. You are exhausted. You are in pain. Your husband has gone to check on your children. And a social worker who has threatened to take your baby into police custody is standing in your hospital room demanding that you make an immediate decision.

Jodi simply said, “Please can’t this wait until my husband gets back.”

The social worker renewed her threat. If Jodi would not answer her question right then, she would call the police. And then the social worker started adding conditions. She and Scott would have to agree to sign a safety plan before she could conclude her investigation.

Jodi said that she wanted her husband and an attorney to look at the plan. She felt she was in no position to read such a document and really understand what she was being pressured to sign.

Thrown Out

And then the story turns ugly.

The social worker left the room and called the police. Without a court order they took custody of Annie, immediately claiming that she was suffering from illness or injury—a patently false claim.

The social worker consented to the administration of the Hepatitis B shot even though no blood test had been done.

The police made Jodi Ferris get up out of her hospital bed and escorted her to the entrance—they were expelling her from the hospital because she had not signed the “safety plan.”

Scott met her at the entrance to the hospital. The police escorted them both off of the grounds of the hospital.

Jodi was told that she would be allowed to return every three hours to nurse the baby through the night.

Jodi and Scott were forced to spend the night that she had given birth in their car in the parking lot of a nearby Wal-Mart. You read that right. They kicked this mother out of the hospital, and in order to be close enough to feed her child, she had to sleep in the car.

To add insult to injury, Jodi was given access to Annie only sporadically and not every three hours.

Baby Returned

The next morning a judicial officer held a shelter care hearing. After hearing the evidence, the officer immediately returned custody of Annie to her parents.

No parents should be put through this kind of ordeal. It is not a crime to ask questions about the well-being of your child. It is not a crime to ask for testing to ensure that a procedure is needed before it is done. It is not a crime to be a protective mom.

It is a moral offense of the highest order to kick a mother out of a hospital and to seize her child on the day of her birth simply because a mom wanted to have her husband read a legal document before she signed.

Both the medical personnel and the social worker engaged in outrageous behavior toward this family.

And we believe that they violated their rights under the Constitution of the United States. And we are going to court to prove it.

Why is HSLDA fighting for parental rights in this context? It is not a homeschooling case.

Parental Rights at Risk

We are taking this case because we are tired of seeing the erosion of parental rights in virtually every area of life. Parental rights in medical cases have an impact on broader parental rights, including educational decisions.

And the plain fact is this: If we don’t fight for parental rights, it is probable that our rights will be eroded bit by bit until there is nothing that remains.

We cannot afford to fund cases like this out of HSLDA’s membership dues. We are taking this case because we believe that our members and friends will stand with Jodi and Scott Ferris. We believe that parents should not be punished by “over-the-top” social workers and doctors.

The social worker’s priority was not the welfare of Annie, but her own convenience and her own perception of her power. She was aiming to teach this homeschooling mother a lesson.

And the hospital was clearly not concerned that Annie had a medical issue—they were just trying to avoid being sued for medical malpractice.

When government workers run over parents in cases like this, the lesson that needs to be taught is to the government.

This case will cost tens of thousands of dollars. Your tax-deductible gifts to the Homeschool Freedom Fund of the Home School Foundation will make it possible for us to take this case to court and to try to establish a precedent that will help protect us all.

All of our families are at risk when the government is allowed to run over one of us. When we stand together, we can fight back for freedom and for truth.

Thanks for giving as the Lord leads you. And pray for us. This is not an easy case. We really need your ongoing prayers.


TOPICS: Crime/Corruption; Government; News/Current Events; US: Pennsylvania
KEYWORDS: parentalrights; parents
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To: al_c; onedoug

It appears that a lawsuit is pending...

http://dockets.justia.com/docket/pennsylvania/pamdce/1:2012cv00442/88588/


21 posted on 03/28/2012 8:32:24 AM PDT by Sopater (...where the Spirit of the Lord is, there is liberty. - 2 COR 3:17b)
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To: al_c

True, but does that stop the abuse? No, only criminal action against the parties will stop this. How about theft, unlawful possession of stolen property, conspiracy to commit a felony, making false statements, etc. Get the parties perpetrating these atrocities and throw their a$$ess in jail.

We need to do the same to the criminals in Versailles on the Potomac.


22 posted on 03/28/2012 8:33:38 AM PDT by NTHockey (Rules of engagement #1: Take no prisoners)
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To: al_c

True, but does that stop the abuse? No, only criminal action against the parties will stop this. How about theft, unlawful possession of stolen property, conspiracy to commit a felony, making false statements, etc. Get the parties perpetrating these atrocities and throw their a$$es in jail.

We need to do the same to the criminals in Versailles on the Potomac.


23 posted on 03/28/2012 8:33:56 AM PDT by NTHockey (Rules of engagement #1: Take no prisoners)
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To: al_c

True, but does that stop the abuse? No, only criminal action against the parties will stop this. How about theft, unlawful possession of stolen property, conspiracy to commit a felony, making false statements, etc. Get the parties perpetrating these atrocities and throw their a$$es in jail.

We need to do the same to the criminals in Versailles on the Potomac.


24 posted on 03/28/2012 8:34:09 AM PDT by NTHockey (Rules of engagement #1: Take no prisoners)
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To: Sopater

A similar thing happened to an acquaintance of mine. She occasionally posts here but I’m not going to ask her to dredge it up, it’s likely still a sore memory to press.

It was about 20 years ago so the details are hazy to me, but I am sure she had no criminal record, no history of child abuse, yet the hospital attempted to separate her from the child, telling her she could leave but the baby had to stay, and on the records I saw there was a notation about either “potential child abuse” or “possible child abuse.” She had never used drugs, nor was there any indication whatsoever of medical issues for her or the baby, who had an APGAR of 9 and weighed eight-something. Why they chose to try to take the baby from her was never determined, but she and I both concluded it was because they could. She had no financial resources, although her doctor bills had been prepaid; she appeared to be destitute and without any means to defend herself from such an action. Also, a retired nurse told me at the time that a healthy white newborn was worth the low legal risk to CPS to obtain (or words to that effect). Since then I have been very opposed to all “child protective services.”

The story had a happy ending because she wasn’t quite as friendless and defenseless as she appeared. They had second thoughts and backed off.

File it under “this could happen to you.” Odds are it won’t, but yes it can.


25 posted on 03/28/2012 8:36:23 AM PDT by Lady Lucky
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To: saganite; submarinerswife

Yes, please elaborate.


26 posted on 03/28/2012 8:37:08 AM PDT by Sopater (...where the Spirit of the Lord is, there is liberty. - 2 COR 3:17b)
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To: Sopater

Are you freaking kidding me.? Thnk Gd for the HSLDF. I cannot believe what happened to this couple. Where are our freedoms? Sometimes I despise government.

I tried with all my might, on drugs and no sleep, to refuse the Vit k shot for my baby but the pediatrician wore me out promising she would die. I hate them. I really do. They drove me to give in, against my wishes, alone and in a compromised state. They do this routinely.

And a Goodie Lady came in when I was alone and equally out of it, drugged, sleep deprived. She told me of these wonderful magical yummy foods my baby and I could have if I signed up now. There was no mention of programs or taxpayers, just basically Get Goodies, Sign Here. Obviously WIC which I wasn’t eligible for. Didn’t sign but was incensed that my tax dollars were obviously going to anyone being coerced into signing. How many women aren’t eligible but receive this? How many are illegally here?

We may need right wing hospitals...


27 posted on 03/28/2012 8:37:15 AM PDT by Yaelle (Santorum 2012 - our sole chance to stop the Rominee)
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To: al_c

True, but does that stop the abuse? No, only criminal action against the parties will stop this. How about theft, unlawful possession of stolen property, conspiracy to commit a felony, making false statements, etc. Get the parties perpetrating these atrocities and throw their a$$es in jail.

We need to do the same to the criminals in Versailles on the Potomac.


28 posted on 03/28/2012 8:38:21 AM PDT by NTHockey (Rules of engagement #1: Take no prisoners)
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To: Sopater
When they started to give Jodi an injection, she asked what it was and what it was for. They gave her vague answers like, “It’s just to help.” Only after giving her the injection of oxytocin did they tell her what it was and then asked, “You aren’t allergic to that are you?”

This paragraph alone contains enough for malpractice charges. She could also charge the staff with kidnapping and blackmail for the rest. I hope they sue that hospital into oblivion.
29 posted on 03/28/2012 8:40:02 AM PDT by Ellendra ("It's astounding how often people mistake their own stupidity for a lack of fairness." --Thunt)
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To: heartwood

I agree. Something is missing. Story doesn’t make sense as it is told here.


30 posted on 03/28/2012 8:41:00 AM PDT by SuzyQue
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To: Heart of Georgia

These vaccines really bother me. When I ask for info from the doctors/nurses on the vaccine, they just basically tell me that the risk is low and that the vaccines are good. When I ask if they are really necessary and what is the likelihood that they will “need” the vaccine, I don’t get any real answers. However, when you look for info from other sources, you get extreme views on the other side of the debate. All I want to do is determine what really makes sense for my family and not give unnecessary vaccines, nor neglect to get the ones that really do make sense.... It’s all very frustrating.


31 posted on 03/28/2012 8:41:45 AM PDT by Sopater (...where the Spirit of the Lord is, there is liberty. - 2 COR 3:17b)
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To: HOYA97

After reading that link, I think you may have two different stories confused with each other.


32 posted on 03/28/2012 8:42:53 AM PDT by Politicalmom
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To: submarinerswife

Can you point me to some more information on this story?


33 posted on 03/28/2012 8:46:15 AM PDT by D_Idaho ("For we wrestle not against flesh and blood...")
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To: submarinerswife

like several other posters, I’m not seeing any background to this story that you seem to have. so please tell us the information you have.


34 posted on 03/28/2012 8:46:46 AM PDT by AlmaKing
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To: CodeToad
The mother didn’t assert her rights and basically allowed the social worker to do what she did. Under the law, all she had to do was tell the hospital that the social worker was no longer authorized access to her or her medical records.

Words fail me.

Social workers cannot take an baby but must get a court order.

You make that sound difficult. It is not.

I have never seen a social worker target a mother for no reason.

I have.

They simply do not have the authority.

You must live in a house of pure silk.

35 posted on 03/28/2012 8:47:20 AM PDT by Lady Lucky
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To: HOYA97

You’re confused as I was after reading that article you linked. The end of the article mentions a separate case.


36 posted on 03/28/2012 8:48:15 AM PDT by AlmaKing
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To: the invisib1e hand
Somebody told me a long time ago that medical people think they’re “minor deities.” Time has proven him to have underestimated their hubris. They are omniscient, effectively omnipotent, and to done obeisance to.

And they are not afraid to let you know about it, too. I was in the ER last fall because my throat tried to close up and I could barely get any air at all. The ER doc spent 20 minutes screaming at me for not answering her questions fast enough, then she took my oxygen away and stormed out. I was fighting for every breath, I couldn't even make a sound!!!! I still think I should charge her for malpractice but I don't know how to start the process.
37 posted on 03/28/2012 8:50:04 AM PDT by Ellendra ("It's astounding how often people mistake their own stupidity for a lack of fairness." --Thunt)
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To: Sopater

Just wait until the hospitals are filled with TSA type thugs................


38 posted on 03/28/2012 8:50:51 AM PDT by Red Badger (If the Government can make you buy health insurance, they can make you buy a Volt................)
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To: Sopater
I'm *absolutely* no expert on the intricacies of OB/Newborn medicine but I know something about hospital administration in general,having worked in a large hospital for 20+ years (strictly with adults).Hospitals have many,*many* requirements they must fulfill when treating a patient.Some of the requirements are strictly "medical",others are legal,and still others are related to "malpractice".My understanding is that there are even more procedures,"medical" *and* "legal" that are followed with newborns...both for the well being of the mother *and* the baby (remember,there are *two* patients involved).

Perhaps a consultation with a malpractice lawyer might be called for.He/she would very probably be aware of all the legal and medical issue regarding newborns and can tell you what,if anything,the hospital did that was improper or illegal.

39 posted on 03/28/2012 8:51:35 AM PDT by Gay State Conservative (Jimmy Carter Is No Longer The Worst President To Have Served In My Lifetime.)
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To: Sopater

This could make your decision easier: http://www.cogforlife.org/vaccineListOrigFormat.pdf

It is a chart of vaccines that use aborted baby tissues. More info is at the main website: cogforlife.org

The process used to obtain these tissues is the same process used by Pepsi to do their taste testing. Many here are enraged at what Pepsi and other food manufacturers are doing, but yet the completely ignore what they are injecting into their and their children’s bodies.


40 posted on 03/28/2012 8:51:36 AM PDT by goodwithagun (My gun has killed fewer people than Ted Kennedy's car.)
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