[blparent] The latest on Baby Micaela

Cervenka, Stacy (Brownback) Stacy_Cervenka at brownback.senate.gov
Wed Jun 30 20:25:37 UTC 2010


Everyone,

    I just spoke with NFB of Missouri President Gary Wunder. Here is the latest:

    The parents initially thought that if they played by the rules, surely the judge would give them back their daughter at the first hearing. However, this did not happen, so a second hearing was scheduled for June 16. At this point, the parents realized that they needed an advocate and contacted the NFB of Missouri. After visiting with the couple in their home and determining that there were no extenuating circumstances and that blindness was the only concern CPS had about these parents, the NFB hired an attorney to assist them. The cost of this attorney is $250 an hour, and $85 for the services of the attorney's assistant.

    About two weeks ago, on June 16, the parents had their second hearing. The judge seemed outraged that the hospital had taken the child from this couple with so little cause and was further astounded that the hospital had never dealt with blind parents before. Unfortunately, this was not an evidentiary hearing, so no decisions were made and it was announced that there would need to be a third hearing. The problem is that this judge is going on vacation, so the earliest they could get a hearing with her was on July 20. The parents could have chosen to get an earlier hearing date with a different judge, but their attorney advised them to wait for this judge to return from vacation, because she had seemed so sympathetic and on their side at the second hearing.

    So, the situation as it now stands is that the parents are awaiting their third hearing on July 20, with this hopefully sympathetic judge. Meanwhile, the NFB of Missouri is paying for the parents to receive voc rehab training, to get letters from the state VR agency saying that these parents can indeed perform the tasks that were of concern to CPS. The NFB realizes that we shouldn't have to get a permission slip from the state VR agency to have kids, but their main focus at this time is to address the ridiculous "But, how does a blind person do that?" concerns of the hospital and CPS and get baby Micaela back with her parents where she belongs. So, the NFB of Missouri is incurring additional costs, as they are paying out of pocket for these voc rehab services for the couple. Once Baby Micaela is back home with her parents, the NFB of Missouri will likely pursue other legal action against the hospital, so that this never happens to another blind parent.

    Gary asked me to pass along that the NFB of Missouri welcomes donations to help defray the sky-rocketing legal expenses and the cost of getting letters from VR professionals asserting that these parents have received training in the skills of parenting and can perform the required tasks. They are setting up a specific fund for these donations. You can make a contribution at the NFB of Missouri's affiliate table in the Exhibit Hall or by visiting Gary in the Missouri delegation during General Session.

    If you can't make a monetary donation or if you'd like to help further, I'm collecting names and contact info of Federationists who would be willing to baby-sit during Convention for parents who want to get out for an evening or even just attend a few Convention events without their children, and donate the proceeds to the NFB of Missouri to help with the legal costs of not only returning Micaela to her parents, but also pursuing legal action against the hospital in the future.

    If you'd like to volunteer your time, please contact me at stacy_cervenka at brownback.senate.gov<mailto:stacy_cervenka at brownback.senate.gov> or on my cell at 708-359-3301. Please let me know the best way to contact you at Convention, a little bit about your experience with kids (this might include being a parent yourself, having worked as a counselor at a summer program, etc.), and which times you would be available.

    Furthermore, feel free to share my contact info with any parents who might be interested in this service during Convention.

Thanks,

Stacy Leigh Cervenka
Legislative Assistant
Office of Senator Sam Brownback (KS)
303 Hart Senate Office Building
Phone: (202) 224-6521
Email: stacy_cervenka at brownback.senate.gov<mailto:stacy_cervenka at brownback.senate.gov>




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