children services steals infant with no birth certificate

free*to*be*me · #1 10-20-2007, 02:19 AM

I would like some Guidence, I have a friend that had her baby outrightly stolen from her by children sevices right out of the hospital, they are hiding this baby and holding it over her head until she bows down to their demands, this is the story it is kinda long so I will compact it for now, also please don't form opinions on this subject, I just need advice on what paperwork she might file, to get him back.

She had him 15 days ago in a hospital, that she lost her sister in 13 years ago after giving birth, a wrongful death suit was won on this hospital and they were also charged for falsifiying records, there was 11 cases won that year for the same reason, she went there because she was having problems and they did an emergency C-section, it was the closest hospital, after giving birth, the baby was sent to another hospital because he was born 1 month premature, because the ambiotic sack tore, after the baby was sent to another hospital she got a call from children services telling her they where taking custody of the baby because she had a positive drug test that was performed without her knowledge, now lets not form an opinion, I know this girl very well and shes not a drug addict, she called me asking for help, I told her not to get a birth certificate and they should not be able to take the baby, she was in there for 3 days and was released and didn't not file a certificate of birth, although after many attempts from the hospital were made they finally gave up and told her there was no law that says she had to get one and would hold it for 7 years if she changed her mind, now she goes home and had many phone calls from children services threatening to take her baby, she finally told them, I prefer to correspond in writing with them and the worker like a typical gov. official said we don't do things in writing and there wasn't time because if she didn't cooperate with them she would lose the baby, well from all the stress they put her through she ended up going back in the hospital for high blood pressure, (same hospital) because thats where the doctor sent her, this time a friend stayed with her and used a tape recorder when anyone was in the room, she specifically told them they were not to do any drug testing because she didn't trust their results, but they did anyway, after taperecording them, they said their catscan was broken and she had to be sent to another hospital to have it done, and made her sign a release that said drug induced problems and if she didn't sign it they couldn't transport her or treat her so she signed under duress by her signature to get out of the hospital, after going to next hospital the doctor seen it and mentioned he would have done it differently, but after many tests they couldn't find what was wrong with her, so they sent her to a spe******t hospital, that found out she had birth hypertention, treated her for high blood pressure, and she went home 5 days later, all this time she was keeping in contact with the hospital that the baby was at and he was doing fine, they said they drug tested the baby and everything came back negative on him, but the hospital kept delayng the babys release for one reason or another, in the meantime children services was contacting her telling her she had to cooperate or they would take custody, they even at one point told her she had a hearing, but never sent any paperwork in writing, so what I did was took her to juvenile court to find out if she in fact had a case # or any procedings started, there was nothing so we said enough was enough and that same day we went to the hospital to discharge her baby, talked to the doctors to make sure his health was fine they said he his fine and no problems and was ready to be released the next day, so we told them she was going to sign a release of liability and take him home that day, thay had all kinds of excuses, all of a sudden his health was not good enough, but after arguing with them they admited he was yet healthy enough to go home, then there was hospital policy, they can only release him at certain times in the morning, so after all the excuses it finally came out that there was a note in the babys file that chidren services was taking custody the next morning, so we demanded to see the order from the court, they didn't know what to do thay didn't have one but yet still wouldn't release the baby, I even called the U.S. marshalls office, they said to call the FBI so I did, they said it wasn't their jurisdiction but if there was no written order the baby had to be released to the mother, he said to call the local police so after calling them they refused to come out, while I was doing the phone calls the hospital was contacting children services to find out if they had in fact an order, well they didn't so what happened was they told the hospital they were getting an emergency exparte from the court, and told us we could not take the baby, the hospital security escorted us out of the hospital and told her she has a hearing the next morning, and had to be there, she went to court next day, (and this is the good part) they claimed the baby was not recieving proper care and was suffering from illness and injury, and was in immediate danger from his surroundings, now mind you the baby never left the hospital, at the hearing, we continued it till the next day to figure out what to do, so we had no choice but hire an attoney, (which was worthless) at the hearing they got temporary custody, and told her unless she goes to in house drug programs they were keeping the baby, now when we were at the hearing they took the baby from the hospital and put him in foster care. This is the problem... the baby has no birth certificate and the state has no title to him, we can't figure out how they are doing this, so if anyone can help out on this it would be greatly appreciated. Thanks in advance..

Rlynne · #2 10-20-2007, 02:24 PM

I'm not sure if it differs from state to state but it's true of Texas. If a woman gives birth to a living child in the hospital the hospital completes a live birth statement (the proper name of the form escapes me now) and sends it to the state.

I understand your friend had special circumstances for giving birth in a hospital but by doing so she may have indirectly entered her baby into the system.

Again I'm thinking it's the form sent in by the hospital giving the child protective services their authority.

Also it's common now for hospitals to run drug tests on all of their patients, including and especially their maternity patients.

free*to*be*me · #3 10-20-2007, 03:32 PM

rlynne...I have never heard of it in ohio, but doesn't mean it doesen't happen, they pushed her to give the baby a name, and she refused them a name, that may be why, so they could send in the form, she is doing everything possible to keep them from making this baby their property. Right now they have physical custody and hiding the baby, thats whats stopping her from saying anything. I am thinking about sending all involved at the hospital an affidavit of truth. Because they were warned by us that if he wasn't allowed to leave with us, it would become personal to them. Have to wait and see.

David Merrill · #4 10-20-2007, 06:55 PM

She might certify the live birth herself. She can draw up an asseveration of fact about the birth, get the doctor and a nurse to witness the facts - time, sex, health, location etc. and file that at the county clerk and recorder. Then she passes the asseveration (certified copies) all around for anybody demanding a birth certificate.

I am assuming that what she wants to avoid is to register the trust name in commerce. If the above instruction does not release her baby, then I suggest she relent and teach the baby his name, and educate him about remedy in law - Refusal for Cause.

I have no birth certificate myself:

http://friends-n-family-research.inf...tification.jpg
http://friends-n-family-research.inf...ification2.jpg
http://friends-n-family-research.inf...ification3.jpg

I have no DOB, SSN or any evidence of adhesion contract until I say I do. Period.

As the child grows into adulthood and begins to contract, then it will pay off.

Regards,

David Merrill.

Shoonra · #5 10-20-2007, 09:06 PM

There's something that we're not being told. It's not a matter of the child's given name; a lot of birth certificates are issued for "Baby Boy Smith" or whatever -- sometimes parents take a while to decide (this may have been more common when the baby's sex couldn't be predicted) and sometimes the parents change their minds about the name they picked right after giving birth.

free*to*be*me · #6 10-20-2007, 10:48 PM

David merrill, thank-you for sharing this personal information with me, we are only one year apart in age, she can do the asservation, but the goal is to have them release the baby out of their temporary custody, (JAIL) if we do the asservation, how would we force them into realising the baby? They really don't have "Title" to her baby or so to say "Property as they would think"? What I am looking for and have been searching is some type of filing to the juvinile court to keep it, say private and not get into the public side with this, they have already told her the only way they would release the baby is if she cooperates with their demands, and they are getting very big.

You are right, she wants to keep the baby out of commerce, I have read many times, to keep your child safe from government intervention it would be a no no to apply for a certified birth certificate from the GOV., but they still are holding the flesh and blood baby, without having the certificate.

I just can't find anything that pertains to dealing with these common lawbreakers.

free*to*be*me "trying like hell"

free*to*be*me · #7 10-20-2007, 10:59 PM

shoonra, what they aren't telling us is by applying for the birth certificate we are putting our children into a lifetime of slavery under the government.

robhalford88 · #8 10-21-2007, 01:33 AM

I would go to the superior court of the state and apply for a writ of habeas corpus on the hospital and/or the childrens services.
See how they like that.

Shoonra · #9 10-21-2007, 08:03 AM

I know this suggestion will not be welcome but: To get the child back, you have to persuade a judge that you're a good person, level-headed, and, yes, conforming to the approved norms. So instead of some flamboyant, confrontational gesture, I suggest hiring a lawyer who specializes in such domestic cases. It will, in the end, be considerably more efficient than some of the suggestions I've seen on this thread.

free*to*be*me · #10 10-21-2007, 09:43 AM

Quote:

Originally Posted by robhalford88

I would go to the superior court of the state and apply for a writ of habeas corpus on the hospital and/or the childrens services.
See how they like that.

robhalford88: I have looked into this also, but from what I understand, and someone correct me if I'm wrong, it states the baby can have anyone file a writ in its behalf, but not if they are in police custody or any other public custody, I am trying to sort this out whether the baby is actually in public custody, they now have temp. custody, so I am thinking he actually is in custody.

Free*to*be*me