[Nfbk] The latest on Baby Micaela

Thu Jul 1 14:06:18 UTC 2010

Hi everyone,

    A few weeks ago I caught wind of this story through the Chapter 
Presidents list.  Blind parents had given birth to their first child.  The 
hospital was concerned since the couple was blind and decided to call CPS, 
Child Protective Services.  The baby was taken away from the parents and 
placed, I believe, in State custody.  The only reason for doing so was due 
to the couple's blindness.
    The following is an update on this story.  I am outraged that in 2010 
this idiotic behavior is still alive.  Just another example that we, NFB,. 
can never rest!

Thank You,
Nickie

--------------------------------------------------
From: "Veronica Smith" <madison_tewe at spinn.net>
Sent: Thursday, July 01, 2010 12:45 AM
To: "'NFB Chapter Presidents discussion list'" 
<chapter-presidents at nfbnet.org>
Subject: [Chapter-presidents] [blparent] The latest on Baby Micaela

Here is another update.  Veronica

-----Original Message-----
From: blparent-bounces at nfbnet.org [mailto:blparent-bounces at nfbnet.org] On
Behalf Of Cervenka, Stacy (Brownback)
Sent: Wednesday, June 30, 2010 2:26 PM
To: Sean Whalen; 'Gregory DeWall'; 'Jason Ewell'; 'blparent at nfbnet.org'
Subject: [blparent] The latest on Baby Micaela

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.g
ov> 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.g
ov>

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