Hospital Won't Release Child Without CPS Clearance

question involves civil rights in the State of: Pennsylvanial

Hello, my wife and I are experience what we believe is a civil rights issue among us and our child. We are being held hostage at the hospital currently. This is in regards of taking our 7 month old baby into the hospital to have her head examined from a minor fall she had from playing. It was reported that she has had a slight skull fracture and immediately were told by the doctors after a cat scan they will need to file a report to the CPS.

We arrived here at 10 pm July 26th, my daughter was admitted to further monitoring for an overnight stay. It's now 9pm Eastern Time the next day and have been told no more monitoring was no longer necessary as the wound will heal up over time. However, we aren't allowed to be released as the doctor reports they need permission from CPS in order to let us leave with our daughter. Early around 1 pm on the 27 of July (today) a CPS agent visited us and interrogated my wife to try and pin us in a bad light and changed the subject about my daughters skull fractured transition to other questions. Seemed at that point to us the CPS agent couldn't find anything to sustain their abuse case as kids tumble and fall all the time growing up. So instead the agent tried to make other claims about us as parents in terms how we answered their other questions.

The last thing said as the CPS agent left was she was going to contact her supervisor and nothing else was said Seven hours later we're still here and doctors will not release us with our child as the doctors are telling us the CPS have not made a final decision yet despite the doctors telling us no more monitoring was needed and other than the CPS influence, we can't leave with our baby.

We want to take our baby home. We are trying to find out how CPS can keep us here. Their was no court case that said we were found guilty. How can we be assumed guilty without a proper trial as a means for the CPS to hold us here? What Powers puts the CPS into a judge like position to make the claim we're accused of being guilty so we now have to stay here until they say we are cleared or until they take our child. How can one person that got a college degree in social service be giving God like powers to strip away our rights away like that? Is there any way to allow us to get home in a comfortable environment before they really try and kidnap our child with judge no jury?

Your problem may not be CPS but the hospital. I suggest you start by asking the hospital the exact authority it is relying upon in refusing to discharge and release your child to you. If the hospital cannot provide that authority then tell the hospital administrator you demand that the hospital discharge your child immediately as it has no right to hold your child. If the hospital can provide what the authority is for holding the child, then you’ll have to dig a bit deeper to figure out what to do next.

Thank you, we took your advice and asked for the authority they are using that is binding us and are now for referring to their suppervisor to see if we can be discharged. They did however dodge the question of showing us what authority keeps us here so and instead change their tune telling us they might not be able to release us because it's midnight here and they usually don't do late night discharges. But they still don't deny we were held here all day because of the CPS

They are telling us we can't leave because of CPS but won't provide us with no more information? Gelp

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Quoting Jeffrey1985

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Thank you, we took your advice and asked for the authority they are using that is binding us and are now for referring to their suppervisor to see if we can be discharged. They did however dodge the question of showing us what authority keeps us here so and instead change their tune telling us they might not be able to release us because it's midnight here and they usually don't do late night discharges. But they still don't deny we were held here all day because of the CPS

They are telling us we can't leave because of CPS but won't provide us with no more information? Gelp

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The line about not discharging you at night likely is bureaucratic speak for “we probably need to contact our lawyer and our lawyer won’t be available until the morning.” The hospital staff is likely caught in a dilemma: CPS may have said to keep the kid there, but didn’t really provide any authority to back that up. If CPS did have the authority to order it and the hospital let you go, it could be in trouble with CPS. If CPS didn't have the authority and they keep you there, they might get sued by you. The staff is likely taking the position to stick with how things are now until someone higher up the food chain tells them otherwise because that way they won’t get in trouble for doing what they were told earlier to do (even if it turned out the order they got was wrong). At this point it’s 3 am in PA so I don’t see any good options for you do anything about this until the morning anyway. It’s not like you’ll be able to get a court to act on this before then, after all. Find out in the morning what the hospital is going to do if it doesn’t release your kid sometime tonight.

A few thoughts.... I suspect that you were free to leave, but the child was not going to be discharged. Additionally..... yes, children fall and get bruised all the time - they don't normally fracture their skull quite so easily. So, frankly, I can understand the concern.

Seven months old, and had a fall from "playing." Holy cow, she's probably not even walking yet, and she fell while "playing"? Kids tumble and fall all the time, infants, not so much, but a casual tumble while playing hard enough to fracture a skull? The wound will "heal up in time." This story reeks and I'd find quite a bit to dislike about it if I were a CPS investigator, not to mention their not liking your answers to other questions. Expect to be on their radar from now on.

I agree the circumstances are suspicious. I also agree it is your child that can't leave the hospital.

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Quoting comment/ator

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Seven months old, and had a fall from "playing." Holy cow, she's probably not even walking yet, and she fell while "playing"? Kids tumble and fall all the time, infants, not so much, but a casual tumble while playing hard enough to fracture a skull? The wound will "heal up in time." This story reeks and I'd find quite a bit to dislike about it if I were a CPS investigator, not to mention their not liking your answers to other questions. Expect to be on their radar from now on.

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Like button.

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Quoting eerelations

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Not like theirs laws on the books where they dont profit from kidnapping children right? Theirs no chance fabrication of the accusing party to have an incentive to do just that right? A certain bill from 1997 perhaps says something among these lines? Anyways the CPS confronted us with "stories" that the doctors supposedly told them that we've never even said regarding the fall. Preslie vs Marcia Vreeken case for example, CPS requesting immunity from being prosecuted from fabricating evidence and tried to claim it's a reasonable means of action to take a child away from parents because they "feel" like they are being abused and only they know what's best.

My wife's mother has temporary custody until they finish their "so called investigation". They also had no court order and from What i've read about PA law, they can't hold someone in protective custody for more than 24 hours, if it exceeds 24 hours, they need a court order. My wife and I were their for 2 nights and was barred from taking our child home. My wife asked them about this, The cps is on Audio stating "No we didn't have a court order and i'm not quite sure how long it is in PA that we can hold someone for. She than ran off numbers, stating she thinks it could have been 72 hours, No wait 48 hours, maybe 24, she wasn't sure! We weren't allowed time to have a lawyer present when reviewing their safety plan before signing, it was either we sign or they will temporary put the child in foster car where in a 1998 statistic has shown that Children are 6 times more likely to be hurt in these foster homes than with parents. Under duress and Doing our part to protect our child from going into their system where kids are many more times to be molested and disappeared, we signed and now only get visitations...