FILED IN: Social Issues

Calif. judge overrules CPS' custody of baby, gives baby back to parents

Anna Nikolayev (left), son Sammy Nikolayev (center) and father Alex Nikolayev (right) who had custody of son taken by CPS after couple tried to remove son from hospital against doctor’s orders. Screen shot via USA Today.

A Sacramento, Calif., couple are decrying the actions of CPS (Child Protective Services) after the agency took custody of their 5-month-old infant son for what the couple claims was an effort on their part to provide him with another medical opinion.

Alex and Ann Nikolayev, parents of 5-month-old Sammy Nikolayev told First Coast News that they were shocked when CPS intervened after they voluntarily signed their baby out of a hospital in order to get a second opinion after staff physicians recommended that Sammy undergo invasive heart surgery.

CPS claims that the child’s parents weren’t forthright with their intentions and demanded the baby be released against doctor’s recommendations.

The Nikolayev’s argue that Sammy’s personal doctor gave the couple permission to check their son out of the hospital and seek another opinion.

A judge ordered the return of the couple’s infant on Monday on the condition that CPS be allowed to follow up with the family and check on Sammy’s well being. The judge is also requiring the Nikolayev’s to promise not to remove Sammy from medical treatment against future doctor’s recommendations.

Sammy is currently scheduled to undergo heart surgery in Stanford, within the next 48 hours.

The Nikolayev’s have vowed to publicly advocate for parent’s rights in their children’s medical decisions, without the intervention of CPS or threat of having their children taken from them. The couple says they’ve been getting worldwide support for their courage to speak out against CPS and will continue to fight for more oversight in CPS authority.