Munchausen By Proxy accusations

[missmik]

This is the kind of story you hear on the news and think “Wow, there must be more to this story, something we aren’t being told.” When this all started it was as though I was living in a twilight zone. I kept repeating “This can’t be real. This isn’t real. It will all be over tomorrow, they will realize how wrong they are.”
You see, I have a son who has been diagnosed with several medical conditions, all pertaining to his heart. He has been through a battery of testing, two heart surgeries and several extended stays in nationally recognized hospitals. You see, my son randomly, and without any warning, stops breathing, turning blue, and appears to have a seizure like activity. These episodes started when he was merely 2 months old. I have been told he has one disease after another, only to find out that after a month or two of treatment for one disease, the treatment wasn’t working and he would have another ALTE (Apparent Life Threatening Event.) Because of these issues, I have not worked outside of the home (though I am a full time student in the medical field), since he was born. I have always been his constant provider, the only stable person in his short, terrifying life.
Most recently (August 14th to be exact) I was sent to an out of state hospital with my son to seek a second set of opinions from “the best of the best in their field.” I was looking forward to FINALLY getting answers. We were there for two weeks before the doctor sent my mother home (she is my primary help source as I am single mother.) The doctor said that we were just waiting around to see if he would have another episode, and that he didn’t want us to be so far away from the hospital if he did. I thought this was totally logical, and that it made no sense for my mom who has another child at home and a full time job, to be wasting time in the hospital almost 3hrs from home. We were transferred to a “step down unit” as it was called. We were on the Respiratory floor and the nurses asked us to not be out and about due to the risk of secondary infection. I happily obliged, not wanting to expose him to some weird super bug virus that hospitals are known to breed. Little did I know I was being videotaped 24/7 for 3 days while we were in this room(yes, without my knowledge they videotaped me in what I believed was a private room.) Imagine keeping a mobile, not physically ill child cooped up in a tiny pink room. It was hell. But I did it, because I knew it was best for him. We stayed in that room for 5 days. On the day I was told we were going home, two social workers and a linebacker-esque detective came to question me. I didn’t understand, but for over two hours I politely answered their questions. They had taken me to a room away from my son, which REALLY bothered me, but I was told I didn’t have a choice. When I walked out the room I was being questioned in, there were two security guards. I thought it was weird, but kept walking to my room. I walked in, and he was gone. GONE. My son was GONE. That is when the three people who had interviewed me, and let me walk out of the room without so much of a hint of their plans, cornered me into the room and told me they were taking my son into their emergency custody, and that he would be placed into foster care. I was allowed to kiss him and tell him I loved him. I was then escorted off the property by a one of the aforementioned security guards.
He followed me to my car. That is when I completely lost it, sobbing hysterically over the last 3hrs worth of events that have forever changed my life. The security guard walked up to my window, tapped on it, instructed me to roll it down and said “Ma’am, do I need to call someone to come get you, because you have to get off the property immediately.” I gathered every bit of strength I had in me, and drove out of that hellish parking garage, having no idea who my son was with, where he would be placed, or when I would see him again.
Since that day, August 30th, there have been many atrocities in this situation. Child Protective Services is legally allotted 48hrs to have a case seen by a judge. Unless they take custody on the Thursday afternoon before a three day holiday weekend, then of course, they get 5 days. FIVE DAYS I went without seeing or even knowing where my son was. He had never in his 18 months of life been away from me for more than 24hrs. Since then, many atrocities have occurred.
On September 25th, 2012, there was a videotaped supervised visit in which my son had an episode. He stopped breathing, became unresponsive, and required resuscitation. The beginning of the episode happened in a blind spot, and the supervisor was, to quote the DCS attorney “not paying attention.” They are saying that because I leaned back on the couch to comfort my toddler who was over tired, and throwing a tantrum. I was patting his back, and trying to get him to sleep. When I leaned back on the couch, it put us out of the view of camera. The woman who evaluated the video claims that I “seemed to have camera awareness”… most certainly, I was aware that there was a camera, and I was doing everything logical to ensure that my child AND I both stayed in view of it at all times. How was I to know that the camera was pointed at the entrance, and not the couch that took up most of the room?
There is also an evaluation in question that is very detrimental to me, but there are many problems with it. The fact that they have my son’s birthday wrong throughout the entire evaluation, they have outright lies that can be proven as such, the document my lawyer and I received were unsigned, and unverifiable, and most importantly, the woman met with me one time, interrupted our interview to see another patient while she sat me in the waiting room, did no testing, just conversational assessment. There was no I.Q test or multiple choice questionnaires, just this one woman’s opinion. If you read through the evaluation report, there are spelling inaccuracies, grammar problems, and chronological fallacies, along with questionable source information. When I called around for a second opinion, I was told that it would cost at minimum $2,500. I am a part time employee (a job I got only after they removed my son from my care) and a full time student. I have insurance, but insurance will not cover the assessment, only counseling sessions.

Yesterday morning, November 14th, 2012, my two weekly supervised visits were revoked because of these two pieces of "evidence." There was no discussion, the judge never saw the supposedly incriminating video. My attorney didn't say much other than that she objected to the use of an unsigned, unverified copy of the evaluation.

I have a public defender that has not even read through my son’s medical records, and has done no research on my case. I filed a complaint against her with the state bar, and I have an appointment to speak with her supervisor tomorrow to request a new attorney because of her blatant disregard of my case, but I recognize I need money to fight this, and I do not have it. I was sent to this website by many different people who have been through similar situations, and every one of them said that this is the best place to start in order to find people who can point me in the right direction. I live in Evansville, Indiana, Vanderburgh county, and am willing to travel to meet with psychologists, psychiatrists, and anyone else who is willing to give me counsel, or see me.

[noroses4u2c]

Hello. I completely believe you. Everyone here knows the 'twilight zone' feelings you survive. The nightmare you are trapped in is very surreal.

The medical evidence that your son does indeed have a provable illness is important to this case. Munchausen by proxy is when the mother causes the illnesses. If the illness can be proven to be real and not caused by you then that helps you.

That is just off the top of my head for now.

Others will be along to offer advice. If I think of anything else, I'll be back.

*hugs*

[monkette31]

Well, I think this guy might help you. Sounds like you need a diagnosis of not having munchausen's. This doctor seems to think it's very overused.http://www.jaapl.org/content/34/1/90.full.pdf

I think there's a fb group for munchausens, not sure, but I think I saw one a few months ago.

What did they say you did on the video that keeps your son away from you?

The interesting thing he says in the article is that many mother's are wrongly accused of having munchausen's. One of the requirements is that the child's illness dissipates when they are physically separate. As in he has none. This is where the diagnosis turns out to be wrong. Munchausen diagnosis requires that nothing be medically wrong with your child when you are not around him. He was born with heart problems, which, this doctor says, you can't have munchausen's because your son has a medical illness, not some made up problem.

Here's a munchausen group on fb: http://www.facebook.com/groups/16048307 ... ts&fref=ts

I don't know about the contents, just says 111 people are in there.

Actually there's a bunch of people all over facebook claiming to be misdiagnosed by cps: http://www.facebook.com/groups/364035523687023/

Some of these groups you have to ask to join, might have to lay some things out to them, not a problem....

American Family Rights has a munchausen by proxy info page: http://familyrights.us/bin/white_papers-articles/MSBP/

[Eljay]

What type of "evaluation" was this?
Why has your attorney not DEMANDED to see the video and other "evidence"????????

What is the law/code they have accused you of/used to take custody?
Did they provide *ANY* evidence in their petition to validate their assertions or is it all just opinions with no facts to back it up?

[missmik]

The evaluation was done by a "specialist" at Riley Hospital. It was a conversational interview, during which she had me sit in the waiting room while she saw another patient for about 20 minutes. It was supposedly to "rule out" Munchhausen... which is now actually called Childhood Fictitious Disorder. The evaluation that my attorney and I received half an hour before court was full of spelling errors, typos and had my sons birth date wrong! There is no physical evidence of me causing him any harm. The cardiologist who couldn't come up with an explanation or treatment for my sons symptoms filed a report, leading to this whole ordeal. The accusation is that I am strangling or suffocating my son in some way, though there has never been bruising or any other signs of this. They say when I cut off his air way, it agitates his heart causing his symptoms.

My attorney hasn't demanded the video (that was made on September 25th by the way) because she is horrid. I have an appointment with her supervisor this morning to request a new public defender. I am pregnant, due in Feb. and her only response to me asking what I need to get in place for the prevention of them taking this baby upon birth was "sign over your parental rights to your sons father, and run away to Colorado, because there is no way they won't take that kid too" .... that KID is my child, the one I am currently growing... and that kid you want me to just "sign over" is my flesh and blood, that I fed, clothed, and was the single, stay at home mother of... She doesn't care, and has no desire to.

The video in question shows me playing with my son and our supervisor doing paperwork. My son begins to throw a tantrum when I discipline him for throwing away unused diaper wipes. He has a pretty normal toddler melt down, I pull him onto my lap (I was sitting on a couch), and he layed his head down on my shoulder. According to the DCS attorney and the caseworker, as well as the "evaluation" it appears that I intentionally lean out of the view of the camera, stay completely still, then lean forward with an unresponsive child. The problem with this is that, yes, I leaned back, to pat my sons back, hoping he would fall asleep as he was tired and cranky. They say that I was "camera aware." I haven't seen the video, but when the event began I distinctly remember asking the supervisor what to do, because I didnt know how to handle it with the accuations, and he said "I can't do CPR, you have to....." They screwed up, and now they are trying to cover their butts.

[Eljay]

I would think that all it would take to sink their case is one incident when your son is not with you. Of course, that's all it will take to kill him with people like the monitor who was supposed to be supervising your visit when they don't even care enough to pay attention. You have a right to his medical status/records. Get them.

How often does he have these episodes?

[family_man]

I'm not sure she's entitled to her son's medical records. When my kids wee in custody, I had to get the approval of either the social worker or the GAL to get the records.

Munchausen is a very difficult thing to prove in a criminal court. But that won't stop CPS from coming their own conclusion, without or without the evidence to convict. I think you should continue your efforts to change attornies. If that fails, you will have to do your own legal legwork. If you have any written diagnoses of your son's conditions, it would be very helpful. You could try asking your son's doctors for it. They may not be aware that you might have to get CPS permission, and just give it to you. Find out if any of them would be willing to testify in court or make sworn affidavits about your son's condition. THese are the things that could win things over for you.

You will probably have to let someone else temporarily take care of your baby, if your case is not closed before he is born. This is a far cry from signing over your rights, however.

[DesertSkye]

Its me from FB the one who has a baby with a yellow dress on it in her profile....( initials ML)
I will write more later but you need to do a guardinship and a back up guardianship on your unborn child....
I will write more later it is late here but that needs to be done ASAP because even though you are not due until Feb and especially with the stress of this you have to protect that baby in case you go into early labor
Hugs hugs and more hugs

Have you gotten the medical records prior to this and who referred you to this hospital to see the best of the best? eerily similar to our case...."go see these Drs they are the best avail in another state also and there fr a few days and then interrogated for six hours while they ran further tests on my daughter"

If the initial Drs are nnot involved in this ( I was nnot clear on which Dr it was that wrote the report) can ANY OF THEM testify on your behalf ?

It seems the records speak for themselves! Is CPS even aware that there are Drs WITH PROOF?

Can you outline for us the conditions that he has been HARD diagnosed with ....( ON HIS RECORDS)

need to run
More soon

[missmik]

I have all of his records, excluding the hospital that made the accusations. He has been diagnosed with Primary Pulmonary Hypertension, which is genetic on his fathers side of the family. His father was diagnosed when he was an infant and had identical spells. He has two cousins (12 and 17) that have recently been diagnosed, and has had several extended family memebers on his father's side die from this condition long before he was born. The pediatric cardiologist treating both his cousins is also treating him. (the cardi broke HIPPA and dropped that bomb shell during a visit after he had been ma

he has a pacemaker (that btw, is not functioning, thus it is turned off), a slight cardiomegaly on one side of his heart, and a flattening of his septum from the hypertension. These are all in his records.

CPS knows there is proof, but they are twisting EVERYTHING to fit their opinions.

I have rights to his medical records, and the only reason I don't have the ones from the hospital that filed the complaint is because, well, honestly, I forgot to call them and request them. I will do that right now actually. thanks for the reminder.

The biggest issue is that his episodes are sporadic, and come on with absolutely no warning. He has gone almost three months without one in the past, and it has been since September 25th since his last one. If he has one anytime before trial, there is absolutely no way they have any case at all... but that is a big giant if.

How do i assign guardianship? do i need an attorney for that as a separate matter, since i have a public defender, I'm assuming that she won't be able to handle that too. (p.s. I did get a new attorney, and I know the woman, but have not yet personally spoken to her about this case.)

[Eljay]

How do i assign guardianship? do i need an attorney for that as a separate matter, since i have a public defender, I'm assuming that she won't be able to handle that too. (p.s. I did get a new attorney, and I know the woman, but have not yet personally spoken to her about this case.)

Guardianship won't help at this point... the state has custody and you can't give away something you don't have... does that make sense? You *CAN* plead with CPS to place him with someone who knows his health issues and knows what to do should he have an episode. If CPS refuses, you can petition the court with a Motion to Change Physical Custody. Of course, I would first file a Motion to Dismiss and submit your evidence of his medical and familial history. You'll need a real lawyer and/or fast law education to get these done. Have you had any visitations since they took him?

[DesertSkye]

Re Guardianship

Guardianship won't help at this point

She is refering to guardianship of her unborn child due in two months....

Im still leery of this new att being a court appointed one.....( is that correct)
I would if I were you still look at the probono link I gave you and find one for your son if none avail through that link check the other one I gave you that list them by states.
I also suggest you start looking for one for you( just i case this woman isnt doing what you want) as both links have attorneys that have experience in FIGHTING CPS

Look toward the top of the forum and there is guarianship info there ......if you have any questions PM me through FB as I get it right away on my phone and am only on FightCPS when on the computer

We did that in our case and had them in front of a judge in two different states and they both honored them.

More soon......
Me

[Eljay]

She is refering to guardianship of her unborn child due in two months....

Gotcha. By all means, but also consider delivery in a birthing center with a midwife IF you had no complications during your first delivery. There are social workers (aka CPS spies) 24x7 at hospitals.

[missmik]

I just talked to the attorney. and she is fantastic. I love her. She is technically court appointed, but in all honesty, she is the one who i wanted and couldnt afford from the beginning. She is already working on finding an expert, and spent an hour on the phone with me. she had read through most of the paperwork already and was well informed. she was honest, and passionate about how to prevent this from getting worse, as we are at this point, doing damage control. I am thrilled. I am also looking mroe into the gaurdianship thing. we will see how and where this goes from here.

[Eljay]

Well, that is *AWESOME*!!! I hope you can make some quick progress and get him back home soon!