This happened while I was on vacation…Omaha court case widens from screening test to baby’s meals…
A judge ordered that 6-week-old Joel Anaya, whose hungry cries interrupted Friday’s court hearing, be administered the state-mandated newborn screening test his parents object to and remain in foster care until the test results are received, despite the mother’s wishes to continue nursing the boy.
The baby is back with the mother now Blood test done on Omaha baby, but fight isn’t over
Despite the objections of Josue Anaya and his wife, Mary, Joel’s blood was drawn Friday and screened for medical conditions, as required by state law. The tests screen for a variety of conditions, including cystic fibrosis and sickle cell disease, which could lead to mental retardation or death.
Joel had been in state custody since Oct. 10 when a petition was filed in Douglas County Juvenile Court alleging the Anayas put their son at risk by not having him screened.
Following a court order, Joel remained in foster care until the preliminary test results were received Tuesday and showed the baby was not predisposed to any of the disorders, the Anayas’ attorney said. The Anayas then were reunited with their son, and prosecutors dismissed the case.
Joel’s parents say they object to the blood withdrawal because of their religious beliefs and conscience. They believe in certain Scriptures that say life is in the blood.
Joel Anaya, 6 weeks old, is cuddled by his mother, Mary, who is also holding Justus, 23 months. Patting Joel’s face is Rosa, 4. James, 8, is at left. Juda, 10, is at right. The family reunion also included father Josue and the five other children.
Attorney Jeff Downing, who represents the Anayas, said it was appalling that Joel’s blood was drawn before the Anayas had an opportunity to appeal the judge’s decision.
“We can’t undo what was done,” Downing said. “But from a legal standpoint, we have a right to appeal.”
They are considering filing an appeal, either in Douglas County District Court or the Nebraska Court of Appeals, he said.
Judge Elizabeth Crnkovich was not looking out for the child’s best interests in Friday’s court hearing, Downing said, criticizing her comment that it was inappropriate to allow Mary Anaya the frequent visits needed to breastfeed Joel at every meal.
Not allowing Mary Anaya to consistently breastfeed Joel during the critical first few weeks of attachment put him at greater risk than the chance that he had one of the diseases being screened for, Downing said.
She was allowed some visits and was able to nurse the baby during those times.
Thank you Eva A. and Sora for the story…
this from the mother: “Even though the social workers wrote us a glowing report recommending immediate reunification and they have already done the blood test, the judge refused to return custody until the test results are in. The judge recommended to the social workers that I only be allowed to visit 3-4 times during the day. She was angry that the first day I had been allowed to nurse 9 times. She said no night visits. Joel had never received a bottle before her ruling on Friday. I can not begin to explain the judge’s cruelty.”
It’s hard to know what to say, but it seems clear that we should all speak out so that this will not happen again.
Love,
Heather