Couple sues, says authorities overzealous when trying to protect son
born at
home
Pam Louwagie, Star Tribune
Published November 13, 2003 CARE13
As they had with many of their eight other children, Daniel and Karen
Mathias chose for Karen to give birth to Gabriel in their Minneapolis
home
last Christmas.
Their call to a hospital the next day seeking advice on the newborn's
eating
behavior ended with child protection workers phoning, police knocking on
their door and what the couple contend was a forced trip to a hospital.
Now they are suing Hennepin County and Minneapolis police. They are
claiming, among other things, unreasonable seizure of a person.
A spokeswoman for the city of Minneapolis said officials won't comment
on
pending litigation.
Hennepin County Public Affairs Director Carolyn Marinan said, "We get
thousands of calls each year [from] people who suspect [child neglect or
abuse], and we are mandated to look into those. I would hope that people
understand that," she said. "There's nothing more vulnerable than a
child."
The suit said the couple prefer that their children be born at home for
personal and economic reasons, though some of their children have been
born
in hospitals for medical reasons.
"We're not so foolish that we'd have everyone at home no matter what the
circumstances are," Karen Mathias said in a telephone interview
Wednesday
evening.
According to the lawsuit:
No law requires mothers to give birth in a hospital. If the Mathiases do
decide to have another child, they would like to have it at home
"without
interference, questioning or review" from child protection workers or
police.
Authorities learned of the baby on Dec. 26, after Karen Mathias noticed
that
the newborn had little appetite. The Mathiases left messages for two
lactation consultants. A hospital staff member who called back that
evening
"became agitated" on learning the baby had been born at home and
insisted
that he be brought in immediately and examined.
Karen Mathias didn't believe it was necessary. The baby appeared happy
and
healthy. She said in an interview that she intended to take the child
in the
next day.
Hours later, a child protection worker left a message at their house,
and
then police arrived with an ambulance following, the suit said. Police
said
they had been told that the Mathiases were "not feeding their children."
Ambulance workers examined the boy and concluded he wasn't in immediate
danger. Still, police demanded that the baby and Karen Mathias be taken
to
Hennepin County Medical Center.
After a half-hour of tense discussion, the couple agreed that police
would
follow. After doctors examined the baby and found no problems, police
tried
to take the baby to a home for children but eventually relented.
The suit, filed Wednesday afternoon in U.S. District Court in
Minneapolis,
contends that an attempt to take Gabriel without a court order or
compelling
state interest violated the couple's constitutional rights. The suit
seeks
to stop child protection workers from taking children from their home
without a court order.
"This is still America. I think due process was completely missed here.
. .
. If the social worker felt there was such a dire need to get the child
out
of the home, then go through the court system," Karen Mathias said. "I
hope
that some of the reporting agencies are given, I guess, a little bit
more
common sense. . . . I wouldn't be calling a lactation consultant if I
were
really intending on starving my child to death."
Pam Louwagie is at [log in to unmask]
Pat Thomas PHN IBCLC
1335 Lakeview Avenue
Winona, MN 55987
1-507-458-8227
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