Home » Politics » Update: CPS Kidnapping of Sammy Nikolayev – Victory for Parents’ Rights?

Update: CPS Kidnapping of Sammy Nikolayev – Victory for Parents’ Rights?

Earlier this week I posted about the Nikolayev family.  Anna and Alex Nikolayev, in Sacramento, took their infant son Sammy from Sutter to Kaiser in search of a second opinion when the doctor at Sutter told them he needed surgery.

CPS subsequently assaulted Mr. Nikolayev, entered the Nikolayev home without permission, and took Sammy into custody.  He was held in “protective custody” at…Sutter Memorial Hospital.  Decidedly sketchy.

Mr. and Mrs. Nikolayev were subjected to a court hearing to prove to a judge that they were not “severely neglecting” their son.  (Whatever happened to “innocent until proven guilty”?)  They were then allowed to have Sammy back, but only conditionally.  Sammy was to be taken to Stanford children’s hospital for evaluation, and the parents would not be allowed to take him from Stanford without a medical discharge.

Victory, right?  I mean, the parents got their son back.

Not so much.  Parents’ rights have been trampled on.

The Nikolayevs were not deemed fit to have custody of their child.  They were given a court mandate and social workers will be checking in on the family to make sure Sammy is “safe.”

The court did not uphold the right of Mr. and Mrs. Nikolayev to make their own decision on the best way to care for their child.  They granted Mr. and Mrs. Nikolayev permission to keep custody of their child as long as they follow the court’s orders and allow government officials to spy on them.

Parents don’t have rights to their children anymore, only permission from the government until a busybody official decides to revoke it.

News Articles:  “Nikolayev family happy to be reunited with baby boy, but worried about future CPS visits” – News10 on ABC  “Nikolayev family relieved to have baby Sammy home after CPS took custody” – the Examiner


  1. holly says:

    This is exactly what happened to us when our newborn was placed in police custody in Alta Bates pending her {horrors!} forged adoption!!! 2 weeks after the nightmare began, I gained a full room of CPS staff & my daughter back… as long as I allowed them to come to my home whenever they wished for an entire year. Mind you, my name was FORGED on falsified documents & several people were being paid well by federal funding which Bush approved in 2005 for children to phase out of fostercare. Same old song and dance, different year 😦

  2. Julie J says:

    Truth be told, had this family requested a second opinion their child would have been transferred to Stanford in the very beginning. Their choice to leave the hospital without notifying hospital staff amounted to what’s called leaving against medical advice. Since this was a baby, law required CPS to be called. Due to all the bad press CPS has received about NOT intervening, can you blame them for being cautious with such a fragile baby? If this baby does not get the medical intervention he needs, his health will continue to decline, past “flu-like symptoms”. Please, please get both sides of the story before you fall victim to gullible reporters looking for a story and emotional families looking for validation that their own lack of education is wisdom when making serious medical decisions for their babies.

    • I have no problem with CPS removing a child from a home if it is warranted, and if there is a proper investigation first.

      A few years ago, I was working in a church nursery when a toddler had a freak accident: he tripped over a toy and broke his leg. I and a few other adults who were involved received phone calls from a police officer to find out what happened, to make sure he wasn’t being abused. We all cooperated and didn’t mind answering questions since we knew they were concerned about the safety of the child. I have no problem due diligence.

      Of course doctors are mandated reporters. I get that; as a teacher, I’m a mandated reporter, too. But people need to use their common sense. Obviously, the doctors at Sutter knew the parents were taking Sammy to Kaiser, else how would the police have known to go there? So, they knew Sammy was being taken care of, but still called CPS.

      If CPS had done just the slightest bit of investigation, they would have known that Sammy was being cared for and was in no danger.

      Receiving “bad press” for not acting when they should is not a reason to act when they should not. Is it really too much to expect them to act in a reasonable way, to do their jobs properly? People should be getting fired for this.

      Under CPS instruction, police officers assaulted Mr. Nikolayev, stole his keys, entered the family home without permission or a warrant, and took the baby under false pretenses. The parents were presumed guilty until proven innocent, which is the antithesis of everything our justice system stands for. The Nikolyev’s civil rights were trampled on.

      CPS is acting like the law unto themselves, which is simply not acceptable. It is incompatible with liberty.

    • ML Caron says:

      The ‘other side’ of the story is that the mother did request another opinion, which the hospital resisted. She took baby Sam directly to Kaiser, where he was examined and cleared to go home, with recommendations to follow up with the baby’s own docs the next day. Sutter was contacted; the police went to Kaiser. Docs and cops saw no evidence of abuse. When the child has been cleared by the medical staff at Kaiser AND police were satisfied after interviewing the DOCS, interviewing mom and observing the infant, why should CPS’ opinion trump medical knowledge? Why was it necessary to subject ‘such a fragile baby’ to a risky, tense, stressful removal? If they were so concerned about the ‘fragile baby’ why did they add the stress of keeping his parents away from him? This could have been handled with compassion and communication. CPS and Sutter chose force.

    • Amanda says:

      This baby was under medical supervision if you listen to the mother they told her that she couldn’t leave to get a second opinion with her baby and the Doc at Stanford told her it was safe to take the baby home. This is just another example of people in a powerful position taking too much on themselves and trampling on someone’s rights.

  3. […] Update: CPS Kidnapping of Sammy Nikolayev – Victory for Parents’ Rights? […]

  4. […] early May, Mr. and Mrs. Nikolayev got their son back, but only if they allowed him to be taken to Stanford for the surgery and allowed the CPS to spy on […]

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