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NebraskaMom
I am the mother of 10 children and the executive director of a nonprofit organization that feeds over 20,000 people a year.

I found my family's horror story with the Nebraska Newborn Screening Department being discussed on this site.

Family History:

Oldest 2 children- not born in Nebraska. Oldest now 20-he went to college at 14, graduated at 17 with 2 degrees-youngest graduate ever of that University. 2nd oldest 17, sophomore at same university on the dean’s list.

Next 5 children-homebirthed in Nebraska.

Our first encounter with Nebraska’s newborn screening program was over 14 years ago. A couple weeks after a peaceful homebirth we received a certified letter telling us to take our new baby to a laboratory for blood screening. We checked into the law and found no enforcement provision. We discussed the matter with others who had refused the screening that we would be ignored or perhaps fined for non-compliance. However, we were warned that we should make up a statement of why we disagreed with testing and having it notarized to prove that we were not simply being neglectful. So we researched the Bible for Scriptures that related to the issue, prepared a statement and had it notarized. Nothing happened then. We had more homebirths. We were ignored five times in a row. After most births we received two certified letters about the law. One time we received 3 notices.

Then after the birth of our 8th child, 6th born in Nebraska, we received a subpoena to District Court when she was 2 months old. Apparently that had been added to the enforcement provision of the statute. We found a lawyer and fought it. That lawyer fought it based on the First Amendment free exercise of religion. The case was only heard by the local district court judge who understood nothing about the case and the Nebraska Supreme Court. The Nebraska Supreme Court moved the case from the appeals court and although we appealed the US Supreme Court did not hear the case.

With our 9th child, Justus, I drove across the Iowa border in active labor to avoid the situation. In Iowa. a waiver is included with the birth registration packet.

For the past 2 legislative sessions, State Senator Synowiecki has proposed exemption legislation. The 2nd time we had high hopes. We had more people testifying in favor of the bill than against, signed testimonies of the trauma the screening had caused other parents, and a petition signed by over 100 people. There were only a couple of testimonies from the state against the bill. However, it was killed in the health and human services committee and so never made it to the floor for a vote. There were several previous attempts at exemption legislation, but it has never made it out of committee.

Due to various reasons, Joel ended up being born in Nebraska. Believe me, if I had any idea this would have happened, I would have made more of an effort to have him in Iowa.

Joel was born on September 2. We immediately found a lawyer. On September 19th we received a certified letter telling us about the screening law and giving us until September 21st to test. Then, we received a phone call from Newborn Screening asking if we would test. We replied “no”. She asked if I knew what would happen next. I replied “yes” understanding that we would be subpoenaed into district court as stated in the statute.

In the meantime, we hoped to be ignored, but discussed new legal arguments with our lawyer. Weeks went by without hearing anything. We hoped that they had chosen to return to ignoring us.


Then, on the morning of October 11th just after I had gotten Joel up from his morning nap, my doorbell rang. When I answered the door, an armed sheriff’s deputy came barging into my house yelling that he had a court order for Joel Anaya. I was screaming that I had not given him permission to enter my home. He said that he had a court order. I said that I wanted to call my lawyer. He said, “There’s no time.” There were 2 other deputies with guns and clubs guarding my doorways. He heard my children downstairs and ran downstairs where all my young children were. He snatched Joel out of my son’s arms and headed for the door. Joel was fussing and I knew he hadn’t eaten in 3 hours. I begged to be allowed to nurse him. The deputy told me, “There is no time. He will be cared for by professionals.” He ran out the door with my baby leaving me begging to nurse my baby and yelling for my son to call the lawyer. It was a cold day and the CPS people were not there yet to hand the baby over to, so the weather forced him back inside. I was crying and pleading to nurse.

My husband came home from the store just then. The sheriff deputies blocked him from entering our home. The way our rights were trampled by the sheriff deputies and the Department of Health still astounds me. I relive the scene again and again.

I am a big history buff and I love to debate constitutional issues. I hope this forum is kind, yet spirited.
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nebraska29
Glad to have another Husker on the board. flowers.gif Wow, what a small world! You'll find that this board is great when it comes to discussing issues. Things do get heated from time to time, but for the most part, it's a great board. A lot of members have been around for a long time, your perspective will be a needed one here. It isn't everyday that folks who actually make the news visit us, though I suspect that Conserv_Pat is really Ron Paul, though I digress. tongue.gif Look forward to reading more from you, as well as to discuss your case a bit more. Enjoy!

Oh yeah, and what non-profit do you run? Sounds like a creative venture.
Eeyore
Welcome A-board.

I don't remember the story but it doesn't sound like a very entertaining experience.

NebraskaMom
Thanks for the welcome.

If you want to learn more about the nonprofit here is the website: www.missionfan.com

I will be wanting to post sometime about some upcoming legislative issues in Nebraska. I have a few bills I want to have sponsored this year.

1. A religious, philosophical, or medical exemption to Newborn Screening
2. A policy preventing judges from separating nursing mothers from their babies unless there is clear evidence that the mother is physically dangerous to the child.
3. Allow the people acting unlawfully under orders of government agencies to be sued for damages.
4. That information in custody orders must be verified by more than one agency before the state can take custody, unless there is a clear and immediate danger.

It will be a pleasure to debate those things here before I take them to the unicameral. Hopefully you can help me work out the bugs.

I will probably think of some more things before January's session. I am memorizing my new state senator's phone number.

CruisingRam
QUOTE(NebraskaMom @ Nov 3 2007, 03:51 PM) *
Thanks for the welcome.

If you want to learn more about the nonprofit here is the website: www.missionfan.com

I will be wanting to post sometime about some upcoming legislative issues in Nebraska. I have a few bills I want to have sponsored this year.

1. A religious, philosophical, or medical exemption to Newborn Screening
2. A policy preventing judges from separating nursing mothers from their babies unless there is clear evidence that the mother is physically dangerous to the child.
3. Allow the people acting unlawfully under orders of government agencies to be sued for damages.
4. That information in custody orders must be verified by more than one agency before the state can take custody, unless there is a clear and immediate danger.

It will be a pleasure to debate those things here before I take them to the unicameral. Hopefully you can help me work out the bugs.

I will probably think of some more things before January's session. I am memorizing my new state senator's phone number.


Well, make sure and publish that number!

I can not over-estimate the power these boards can have- I am an avid motorcyclist, and there was a comment by a radio DJ in the San Fransisco area that called for opening up doors and bashing cyclists that "lane split"- a practise that is legal in California- unknown to the DJ at the time- no excuse however.

There were over 1 million e-mails in less than a weeks time, and the cyclist/board community literally destroyed thier phone system with calls to the station.

Then the in-person protests began, but before that could even start- there was apologies and backpedaling as fast as possible.

I suggest you start visiting more than just political boards and such- post your story all over the web, in places you normally wouldnn't think to post.

Evil works in the dark, and shrivels under harsh light.

Some light on this subject may cost a few folks thier jobs! thumbsup.gif
Dingo
QUOTE(NebraskaMom @ Nov 3 2007, 07:40 AM) *
I am the mother of 10 children and the executive director of a nonprofit organization that feeds over 20,000 people a year.

I found my family's horror story with the Nebraska Newborn Screening Department being discussed on this site.

Family History:

Oldest 2 children- not born in Nebraska. Oldest now 20-he went to college at 14, graduated at 17 with 2 degrees-youngest graduate ever of that University. 2nd oldest 17, sophomore at same university on the dean’s list.

Next 5 children-homebirthed in Nebraska.

Our first encounter with Nebraska’s newborn screening program was over 14 years ago. A couple weeks after a peaceful homebirth we received a certified letter telling us to take our new baby to a laboratory for blood screening. We checked into the law and found no enforcement provision. We discussed the matter with others who had refused the screening that we would be ignored or perhaps fined for non-compliance. However, we were warned that we should make up a statement of why we disagreed with testing and having it notarized to prove that we were not simply being neglectful. So we researched the Bible for Scriptures that related to the issue, prepared a statement and had it notarized. Nothing happened then. We had more homebirths. We were ignored five times in a row. After most births we received two certified letters about the law. One time we received 3 notices.

Then after the birth of our 8th child, 6th born in Nebraska, we received a subpoena to District Court when she was 2 months old. Apparently that had been added to the enforcement provision of the statute. We found a lawyer and fought it. That lawyer fought it based on the First Amendment free exercise of religion. The case was only heard by the local district court judge who understood nothing about the case and the Nebraska Supreme Court. The Nebraska Supreme Court moved the case from the appeals court and although we appealed the US Supreme Court did not hear the case.

With our 9th child, Justus, I drove across the Iowa border in active labor to avoid the situation. In Iowa. a waiver is included with the birth registration packet.

For the past 2 legislative sessions, State Senator Synowiecki has proposed exemption legislation. The 2nd time we had high hopes. We had more people testifying in favor of the bill than against, signed testimonies of the trauma the screening had caused other parents, and a petition signed by over 100 people. There were only a couple of testimonies from the state against the bill. However, it was killed in the health and human services committee and so never made it to the floor for a vote. There were several previous attempts at exemption legislation, but it has never made it out of committee.

Due to various reasons, Joel ended up being born in Nebraska. Believe me, if I had any idea this would have happened, I would have made more of an effort to have him in Iowa.

Joel was born on September 2. We immediately found a lawyer. On September 19th we received a certified letter telling us about the screening law and giving us until September 21st to test. Then, we received a phone call from Newborn Screening asking if we would test. We replied “no”. She asked if I knew what would happen next. I replied “yes” understanding that we would be subpoenaed into district court as stated in the statute.

In the meantime, we hoped to be ignored, but discussed new legal arguments with our lawyer. Weeks went by without hearing anything. We hoped that they had chosen to return to ignoring us.


Then, on the morning of October 11th just after I had gotten Joel up from his morning nap, my doorbell rang. When I answered the door, an armed sheriff’s deputy came barging into my house yelling that he had a court order for Joel Anaya. I was screaming that I had not given him permission to enter my home. He said that he had a court order. I said that I wanted to call my lawyer. He said, “There’s no time.” There were 2 other deputies with guns and clubs guarding my doorways. He heard my children downstairs and ran downstairs where all my young children were. He snatched Joel out of my son’s arms and headed for the door. Joel was fussing and I knew he hadn’t eaten in 3 hours. I begged to be allowed to nurse him. The deputy told me, “There is no time. He will be cared for by professionals.” He ran out the door with my baby leaving me begging to nurse my baby and yelling for my son to call the lawyer. It was a cold day and the CPS people were not there yet to hand the baby over to, so the weather forced him back inside. I was crying and pleading to nurse.

My husband came home from the store just then. The sheriff deputies blocked him from entering our home. The way our rights were trampled by the sheriff deputies and the Department of Health still astounds me. I relive the scene again and again.

I am a big history buff and I love to debate constitutional issues. I hope this forum is kind, yet spirited.

NM, you have left us with your son Joel being whisked off in the hands of a deputy. Please finish the story. I'm presuming Joel is in your care now.

Also what does the Nebraska Dept. of Health want to screen your new born infants for?

Edit. Ooops, I hadn't read the appropriate thread. Now I'm up to speed.
NebraskaMom
Senator Synowiecki introduced the bill for us twice. That is the maximum that a senator can introduce the same issue. Besides, I moved into Preister's district so he needs to be the one to introduce the exemption legislation this time. If you e-mail or call, ask him to re-introduce LB250. I would like to see it broadened to say for religious, philosophical, or medical reasons like many other states.

Here is his info.
Sen. Don Preister (District 5, Bellevue)

Sen. Don PreisterMailing Address: 4522 Borman St., Omaha, NE 68157

Office: Room 1206, State Capitol, Lincoln, NE 68509

Phone: (402) 471-2710

E-mail: dpreister@leg.ne.gov

Here is my lawyer's blog too.

http://www.nebraskainjurylawreport.com/cat...utional-rights/
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