Interesting Case of Alleged Medical Abuse

We are currently representing a mother in the Los Angeles County Juvenile Dependency Court.  She and her husband are being charged with child abuse, specifically not seeking the appropriate medical care for her new born child that has a heart condition.

Facts:  Husband and wife have a set of twins, a boy and a girl, age 7.  Recently, mother gives birth and the newborn has a serious heart condition.  The parents take the child to Children’s Hospital in Los Angeles.   While there, the parents become dissatisfied with the Hospital because they are allegedly treated rudely by the medical staff, and the parents draw the conclusion (correctly or incorrectly) that the Hospital may be running unnecessary tests.

In late October 2013, the parents tell the Hospital that they are taking the child to a new cardiologist that they have found, but don’t tell the Hospital and the doctors who or where they are going.  Allegedly, the hospital makes a suspected child abuse report against the parents, fearing for the child’s safety.  And the Los Angeles County Department of Children’s Hospital starts an investigation.

As it turn out, the parents made arrangements for the child to be seen at UCLA, by a renowned pediatric cardiologist.  For almost 2 months, the child is treated at UCLA, undergoes an operation and is discharged into the custody of the parents.

During the investigation DCFS required the parents to attend a meeting, in their offices.  But the parents were in the middle of hospital visits, upcoming operation for the new born, working and dealing with their older set of twins and couldn’t make the meeting.  They allegedly told the social workers they couldn’t make the meetings.  For whatever reason, the social workers asked the juvenile dependency court for a court order, a warrant, for the detaining of the all the children.  Detaining means, taking the children away from the parents.

I haven’t seen all the paperwork submitted by the social worker to the judge, but the judge signed the order that only the new born with the heart condition could be taken into custody.  Apparently, the social worker was upset the twins weren’t also detained.

I am anxiously awaiting to see all the paper work submitted by the social worker.  We have reports that two of the doctors at UCLA have told the social workers and DCFS that it was a huge mistake to take this child from the parents.  This could lead to a substantial civil rights lawsuit against County of Los Angeles, DCFS and the social worker/s involved with this situation.

If you have questions about your case, please give us a call for a consultation.

By: Vincent W. Davis
626-446-6442
Law Offices Of Vincent W Davis And Associates
Juvenile Dependency Lawyer

You may also like…

How Long Do CPS Workers Have to Complete Their Investigation in California?

How Long Do CPS Workers Have to Complete Their Investigation in California?

If Child Protective Services has contacted your family, one of the first questions on your mind is probably how long the investigation will last. In California, CPS agencies generally have 30 calendar days to complete a child abuse or neglect investigation from the date of initial face-to-face contact.

How Late Can CPS Come to Your House in California?

How Late Can CPS Come to Your House in California?

California law places no time restrictions on CPS home visits. Under Welfare and Institutions Codes, Child Protective Services must maintain emergency response capabilities 24 hours a day, seven days a week, giving social workers legal authority to arrive at any hour. However, Fourth Amendment protections still apply, meaning CPS cannot force entry without your consent, a warrant, or genuine emergency circumstances involving imminent danger.

Can CPS Drug Test Your Child in California?

Can CPS Drug Test Your Child in California?

The short answer is no, not without your child’s consent and a court order. Under California law, Child Protective Services cannot force a drug test on your child during an investigation without judicial authorization. Los Angeles County DCFS policy explicitly states that drug testing of youth in foster care is voluntary, and minors must consent before any testing occurs.