Florida Mom Seeks 2nd Opinion on Dying Newborn After Car Accident - Loses Custody of All Three Children and Baby Dies in State CareWhen an 8 month pregnant mother arrived at the hospital after a car accident, her baby was clearly in trouble. Doctors allegedly seemed to be more concerned about Johnna Furman's broken wrist than the emergency facing her unborn baby. Her baby needed to be born quickly, but the delay of a necessary c-section resulted in life threatening lack of oxygen to the baby in the womb. Baby Gabriel was born with brain damage and other serious medical conditions allegedly arising from this lack of oxygen. Throughout his first week and a half of life, doctors at the University of Florida Shands Hospital told Johnna that her baby would not survive. She refused to accept that answer. When she tried to transfer care of her baby to a local children's hospital for a second opinion, doctors from Shands Hospital reported her to Child Protective Services. While doctors blamed the mother, Johnna says that it was their medical malpractice that resulted in brain damage to her baby, ultimately leading to his death, and that the hospital is covering up what they did by blaming her. Child Protective Services seized her baby and her other 2 children 11 days after the car accident. Evidence that would have proven her innocence was not heard by the Florida judge, who is known for approving over 30,000 adoptions, and her parental rights were terminated less than a year later. She had another baby the following year, but Florida seized custody of that baby, too. In a video that Johnna recorded to talk about her case, she said: "My family's gone. I can never have another child. I don't understand how this is supposed to be the American dream, that justice doesn't matter. The truth doesn't matter."
Florida Mom Seeks 2nd Opinion on Dying Newborn After Car Accident - Loses Custody of All Three Children and Baby Dies in State Care
Not many people are aware of the fact that CPS cases, i.e., CHINS, DNNs, etc., are actually quasi-criminal cases, as the U.S. Supreme Court has consistently ruled that parents have the fundamental liberty right to the care, custody, and control of their children.
In fact, this is part of the decision in the U.S. Supreme Court ruling in the parental rights case of Troxel v. Granville, 530 U.S. 57 (2000).
"The Fourteenth Amendment provides that no State shall "deprive any person of life, liberty, or property, without due process of law." We have long recognized that the Amendment's Due Process Clause, like its Fifth Amendment counterpart, "guarantees more than fair process." Washington v. Glucksberg, 521 U.S. 702, 719, 138 L. Ed. 2d 772, 117 S. Ct. 2258 (1997). The Clause also includes a substantive component that "provides heightened protection against government interference with certain fundamental rights and liberty interests." 521 U.S. at 720; see also Reno v. Flores, 507 U.S. 292, 301-302, 123 L. Ed. 2d 1, 113 S. Ct. 1439 (1993)." (www https://hslda.org/docs).
That being said, all defendants/respondents in quasi-criminal proceedings are entitled to ALL DUE PROCESS RIGHTS afforded under the U.S. Constitution, just as if the defendant/respondent had committed a criminal act. Therefore, since constitutional rights have been violated, appealing to federal court and/or the U.S. Supreme Court for the removal, termination of parental rights, subsequent removal of another child, the medical negligence that ultimately led to death of baby Gabriel while in state custody and the malfeasance committed by CPS would be very judicious, as they would have both personal and subject matter jurisdiction.
Furthermore, the judges refusal to allow evidence and/or testimony is judicial misconduct and a blatant violation of Judicial Canons. A person would be encouraged to look into his adoption record, as well. Judges do not have immunity from criminal prosecution, as was determined in the case against former judge Mark Ciavarella whose illegal actions are the subject of the documentary "Kids for Cash". He was subsequently sentenced to 29 years in federal prison for the crimes he committed.
I hope that this helps you... Do not give up, be diligent, and tenacious because the allegations against the doctors, CPS, and judge that are stated in the story can definitely give rise to the filing of criminal charges and a complete TPR reversal.
One last thing that is very important to remember, the statute of limitations for constitutional rights violations is 5 years which commence on the date of the last rights violation, unless the violations are ongoing.
Good Luck and God Bless!!
Stephanie S. Malouff