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Mom Regains Custody of 10-Month-Old Son Who Was Taken By CPS Because She Left the Hospital Too Quickly

Judge: "There is nothing in the record which would lead this court to believe that the mother is unwilling to provide the appropriate care for the child."

ZayvionScreenshot via Fox 9A Minnesota mom whose 10-month-old son was taken from her by child protective services because she didn't stick around the hospital for a second opinion on his cough finally regained custody—four months and six court dates later. The judge ruled that the nurse who claimed Amanda Weber's actions left her child, Zayvion, in "danger of dying," had engaged in "disinformation."

According to Fox 9:

It all started in May when Weber brought Zayvion to Children's Hospital for a cough. Doctors determined Zayvion was fine and stable, and after a long wait for another doctor, Weber wanted to go home and signed that she was leaving against medical advice. The next day, Zayvion was immediately taken away by CPS for medical neglect.

After Zayvion was taken, Weber began her fight to get him back. The county declared that Weber had deprived her son of necessary medical care. Weber denied this, asserting that both the social worker and a doctor on the case had acted "in bad faith and with malice."

Last week, Judge Leonard Weiler agreed. He ruled there was zero evidence of medical neglect on the mom's part, and that she had acted within her rights in taking Zayvion home.

"There is nothing in the record which would lead this court to believe that the mother is unwilling to provide the appropriate care for the child," wrote Weiler.

The case came to the attention of Dwight Mitchell, founder of a Minnesota group called the Family Preservation Foundation, which fights for the rights of decent families against state intrusion. As he told The St. Cloud Times, "It's not unique to Amanda. In fact, it's the norm. I have another mother who is going through the same situation right now." Mitchell described CPS's actions here as "legal kidnapping."

Minnesota Human Services Commissioner Emily Piper defended her agency.

"It is always a hard situation when courts or county social workers remove children from their parents' custody," she said in a statement. "These very difficult decisions are not made lightly, and are always made in the best interest of the children involved. If families don't cooperate, it is even more difficult."

Perhaps she could concede that it was rather difficult for the Webers, too. While the boy was in foster care, he took his first steps. When Weber heard that from the foster mom, she was devastated.

She has moved her family to Wisconsin to ensure she will not be dealing with any "difficult decisions" Minnesota's child protection authorities make about her parenting ever again.

Photo Credit: Screenshot via Fox 9

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  • IceTrey||

    She should lose the kid for being white and naming him Zayvion.

  • Cy||

    The recent made up names thing is getting WAY out of hand. These poor kids have to go out into public some day.

  • Fist of Etiquette||

    ALL NAMES ARE MADE UP.

  • Dillinger||

    not all names get Zayvion's ass kicked in 2d grade though

  • Zeb||

    I have an unusual name (though not a made up one). It was never problem.

    Also, Zayvion is not a made up name.

  • Juice||

    I have an unusual name (though not a made up one).

    How is that possible?

  • MatthewSlyfield||

    12 words words:

    Dweezil Zappa
    Moon Unit Zappa
    Ahmet Emuukha Rodan Zappa
    Diva Muffin Zappa

  • ThanksForTheFish||

    But they were rich. Most kids with crazy names aren't.

  • Throat Warbler Mangrove||

    I operated under the policy that you shouldn't name your progeny something that they will need to spell for everyone. It isn't working because of the misspelled variations that are proliferating. Who the fuck spells their kid's name Domenic, Dominik, or Dominick? I'm sorry these kids have such stupid parents.

  • Zeb||

    Sure, mr. Luxury Yacht. You can't imagine anyone spelling a name in an unusual way for any reason besides idiocy?

    I think it's a fine thing having a name no one else has.

  • Don't look at me.||

    Umm, no, it's not.

  • Fuck you, Shikha (Nunya)||

    Hell, my last name couldn't be any more English and no one can figure it out. I did teach my son that his preferred name, just initials named after a grandfather, it's completely his choice. So when a teacher refused to call him by anything other than his legal name I told him to stop acknowledging the teacher.

    People can call you whatever they want, but you don't have to give them the time of day of they don't respect your choice.

  • perlchpr||

    "I hear you callin' a name, Mr. Jackass. But you ain't callin' mine, so why would I answer?"

  • Throat Warbler Mangrove||

    There's also reasons of comedic affect, Zeb. I went thru the effort to change my handle for this post and you got it, sort of, so kudos to you.

  • IceTrey||

    Well my name is Jon and no EVER spells it right. ;)

  • Wise Old Fool||

    They just want them to be able to get offended when the person serving up their starbucks misspells their name wrong so they can hop on twitter and claim cis-white-gender-name bias.

  • TrickyVic (old school)||

    "" "These very difficult decisions are not made lightly, and are always made in the best interest of the children involved""

    This example shows your wrong.

  • Unicorn Abattoir||

    By children, they mean state bureaucrats, who will throw a fit if their power is curtailed.

  • Cy||

    Or worse, some asshole who goes and gets a bureaucrat. Selective enforcement is a thing.

  • ||

    "Mitchell described CPS's actions here as "legal kidnapping.""

    This is a misnomer. He should be referring to it as "a kidnapping under the color of authority". If the parents did nothing proscribed by the law, as the judge stated, then taking the child was an unlawful act.

    Anyone willing to bet that the agent of the state gets prosecuted?

    Anyone willing to bet that the civil suits against the nurse and CPS don't get settled and swept under the rug?

    https://en.m.wikipedia.org/wiki/Color_(law)
    https://thelawdictionary.org/unlawful/

  • Hank Phillips||

    Isn't the whole point of having Gee-Oh-Pee Trump in the Executive Mansion and Beauregard at DOJ to see to it that ICE, DHS and CBP get to kidnap children while beating, jailing and shooting their parents? And what about Juan David Ortiz kidnapping, murdering and raping a bunch of girls? Does he get transferred to Minnesota next?

  • Wise Old Fool||

    If they weren't busy taking kids then they'd get fired or laid off because audits showed they were sitting on their ass most of the day. Hence legal kidnapping to keep the system afloat.

  • loveconstitution1789||

    Parental rights needs to be a constitutional Amendment now too.

  • C. S. P. Schofield||

    The taking of children from their parents by egotistical idiots has a long and depressing history. In the 19th Century there was a (not brief enough) movement for removing children from Catholic immigrant families so that they would not be brought up in 'Popery'.

    This is why CPS simply should not exist. When a parent neglects or abuses their child, this is horrible. But when a government agency abuses a parent without cause, it is doing so IN OUR NAME.

    *spit*

  • Dadlobby||

    Parental Rights and responsibilities Act. Fathers have had their rights violated for 30 years now and unfortunately the last attempt at PRRA excluded them. Insert quote here about ignoring persecution of others, to find when it is your turn there is no one left to help you. http://nymensactionnetwork.org/prra/

  • Dillinger||

    is Zayvion a name in this solar system?

  • MatthewSlyfield||

    Dweezil Zappa
    Moon Unit Zappa
    Ahmet Emuukha Rodan Zappa
    Diva Muffin Zappa

    Is Zayvion really that bad?

  • Roger the Shrubber||

    Frank set a low bar in many things.

  • Fuck you, Shikha (Nunya)||

    I don't think your example holds what you think it holds.

  • Diane Reynolds (Paul.)||

    Weber denied this, asserting that both the social worker and a doctor on the case had acted "in bad faith and with malice."

    Sometimes doctors don't like it when you... blow them off.

  • Book 'em Dino||

    What they really don't like is someone forgoing a battery of needless tests for billing purposes. That's doctor abuse!

  • Unicorn Abattoir||

    "These very difficult decisions are not made lightly, and are always made in the best interest of the children involved. If families don't cooperate, it is even more difficult."

    Why can't you people just bow down to your overlords, already?

  • perlchpr||

    I wonder how "difficult" they'd find if if some parent lit them up with a 12 gauge for trying to kidnap her infant.

  • ||

    The judge ruled that the nurse who claimed Amanda Weber's actions left her child, Zayvion, in "danger of dying," had engaged in "disinformation."

    And then CPS said "yeah, well, too bad".

  • Gasman||

    Nurse reports this as neglect.
    In about 5 minutes they could have had the doc on the line, who could have set things straight.

  • TrickyVic (old school)||

    That would have involved considering the best interest of the child. Oppose to the best interests of the agency you work for.

  • operagost||

    Change will not happen until the little Hitlers who do these things lose their careers.

  • ||

    Weber denied this, asserting that both the social worker and a doctor on the case had acted "in bad faith and with malice."

    Remember when gay partners were getting kicked out of emergency rooms left and right, not because of SOP, but because some uppity nurse or social worker socialist bureaucrat told them that it was because they were gay and the hospitals don't like them? Neither do I.

  • Arcxjo||

    No, the nurse was right, there was danger of lying.

  • chipper me timbers||

    These people are far more evil than actual child abusers they are purportedly supposed to deal with.

  • Ron||

    they like the easy targets of concerned law abiding parents who bring their kids to them at the hospital

  • RPGuy16||

    Yup, it's a lot easier than trekking into the inner city or some no-go zone and taking a look at how the kids in those areas are treated.

  • chipper me timbers||

    you should be able to sue the agency for this kind of misconduct. It's fucking disgusting.

  • Comal_SanJacinto||

    Come to my house and try to take my child away from me, I f*cking dare you.

  • 10mm||

    ^^ this

  • sgreffenius||

    Legal kidnapping is a huge CYA operation. The doctor and the hospital both want cover. They have to report the 'against medical advice' departure to CPS. Once CPS has it, they have to investigate. Now they need cover. The only way to assure that is to take the child away. As shown, only a judge can intervene to break the chain.

    CPS and medical always claim they act in the 'interests of the child', but by comparison with the child's mother, they don't give a damn about the child. They just want protection from charges *they* were neglectful. If they were honest about why legal kidnapping became a pattern in the first place, we would find a way to identify those few cases where family neglect is actually an issue. Right now, if you take your child to an impersonal institution where people do not know you, like a hospital or large clinic, you risk losing your child.

  • buybuydandavis||

    Medical "advice" is a medical order from the State.

  • Uncle Jay||

    Add kidnapping to the long list of government paternalistic duties and responsibilities.

  • ducksalad||

    Just need federally mandated signs at the entrances to medical facilities:

    "If you enter these premises you are not permitted to leave without the express permission of a licensed medical professional. Unauthorized departure could result in arrest or loss of the custody of your child."

    Of course right now it's just if you enter with a child but no use having to reprint all the signs when we go to the next step.

  • buybuydandavis||

    "A Minnesota mom whose 10-month-old son was taken from her by child protective services because she didn't stick around the hospital for a second opinion on his cough finally regained custody—four months and six court dates later. "

    State child abuse.

    Separating a child that young from its mother does much more harm to the child than a cough.

  • Carter Mitchell||

    Just throw out a big "f$@k you to Emily Piper, who should be in jail and penniless. The story didn't mention it but hopefully these victims will sue their asses off and put these blood-sucking parasites in the unemployment line.

  • Two Buck Chuck||

    That nurse deserves a beating

  • vaadu||

    The lawsuit here should be 7 figures and paid for by those who made the decisions to kidnap the child, starting with the nurse.

  • Exsqueezeyou||

    "She has moved her family to Wisconsin to ensure she will not be dealing with any "difficult decisions" Minnesota's child protection authorities make about her parenting ever again."

    Priceless. Yeah, honey, so much different over there in Wisconsin. You can run but you can't hide.

  • Tionico||

    The move out of state and out of the clutches of the Minnesota Child Purveying Services is a wise plan. Wisconsin seems to be much more reasonable about such things.

    She should sue the agency, hosital, nurse, and docs involved for kidnapping her son. Sue them as individuals as well as in their professional capacity. Go after their professional bonds, thus rendering them unemployable until the matter is settled. Then take yer sweet time through the legal process.

    Most states award a hefty sum of FedBux to CPS for each child they take into custody, and the operation of foster care homes is near a racket in most places. Should dig out just how much money that CPS office received for seizing that child. That MIGHT present a plausible motive, far more powerful than "concern" for the "safety" of the infant. Countersue for the agency to forfeit the cash received on account of this kidnapping. T'would only be fair.....

  • Hank Phillips||

    Asset forfeiture of funds from a parasitical bureaucracy sounds sweet, but where would the money end up? At another gubmint boorocracy?

  • PaulTheBeav||

    The social worker and the doctor should be punished. Significantly.

  • Fuck you, Shikha (Nunya)||

    Lenore, where are the names? What are their social media accounts? For these medical professionals, my wrath will not be complete until I can breathe fire to their electron enabled screens.

    More seriously, is there any hint of actual investigations? The ruling of that judge at least speaks to malfeasance if not something more pernicious. The only way to stop overbearing CYA operations like this is to affect their pocket books and employment. Medical licenses should also be reviewed.

  • perlchpr||

    The judge ruled that the nurse who claimed Amanda Weber's actions left her child, Zayvion, in "danger of dying," had engaged in "disinformation."

    And now she's in jail for facilitating a kidnapping, right?

  • perlchpr||

  • Hank Phillips||

    Isn't Minnesota Al Franken's state? Where voters supposedly defeated him then on recount reversed the critical vote count by 270%? And wasn't he also tripped up by some sort of allegation situation complete with God frowning at his pee pee?

  • Dadlobby||

    Moving won't help her it is national. It started with the denial of fathers rights and while everybody stood by and watched fathers get beat dead and disenfranchised government mission creeped into regulating all aspects of the family regardless of marital status under "the best interest of the child" as they define it. http://nymensactionnetwork.org/prra/ and generally, http://nymensactionnetwork.org

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