Couple trying to get son back from DSHS after state alleged possible ‘medical abuse by parents’

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TACOMA –The parents of a 9-year-old who’s birthday request for cards and stickers went internationally viral earlier this year are fighting back after the state removed the boy from their care after accusations of ‘medical abuse by the parents’ were made.

Thomas and Brandi Everson plan to hire lawyers after the Department of Social and Human Services took custody Bubby over the weekend.

“I just want my baby. They had no right,” Brandi Everson said Tuesday.

The Eversons say police were at their door on Friday to remove Bubby from their home. Bubby’s  family says he suffers from several medical conditions, such as autism, cerebral palsy and other ailments.

His family has said they feared his ninth birthday that he celebrated a couple months ago might be his last. But DSHS officials dispute that and have handed the Eversons a stack of allegations against them.

According to DSHS, Bubby doesn't have a medical condition that would cause him to die. The allegations by the state show that officials worry the Eversons are using Bubby to gain money and attention.

Brandi said, "Prove it. They have to provide evidence. They have the burden of proof. They have to provide evidence and we’re going to take them to court if we absolutely have to."

The family will have their first hearing to try to get Bubby back on Wednesday.

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47 comments

      • glynis

        Amy do you work for cps????? I had cps show up at my door with the police based on proven lies and a perjured statement by amy at cps who suddenly was taken off my case when i hired a private lawyer… this amy is a lier and was proven she is… the attorney general dropped the cps case after i had to pay a lawyer to prove cps and amy perjured themselves…. dear amy what if i had opened my door to cps and the police?? I know my rights no warrant no entry to my house… cps is money motivated and have a track record of taking children on a friday so a parent doesn’ have time to do anything because it is then tbe weekend…. i am suing cps and the cps workers involved.. you cant hide behind cps illegal actions forever…

        • Lavinia Rojas

          Note* Syndrome’s new uses:
          Despite the relatively small number of cases, detractors of MSBP say the Munchausen allegations are inflicting a growing amount of damage. They argue that the diagnosis is being used to separate families by professionals who don’t have to fear the consequences of their accusations, because they are protected from legal liability under the federal Good Faith Immunity Law, passed in 1977 to encourage teachers, doctors and others to report suspected cases of child abuse.
          That’s not science.
          One of the most vocal opponents of the Munchausen trend is Thomas M. Ryan, a medical malpractice attorney in private practice in Chandler, Arizona. “There are no scientific studies that prove [MSBPs] existence,” he said. “You have people saying, ‘Gee, I’ve heard other people say mothers do suspicious things, so I’ll call it Munchausen Syndrome by Proxy’.”
          That’s not science. That’s merely reporting anecdotes.
          Ryan is one of the leading defense attorneys for people accused of MSBP Often working for free, he has persuaded the courts to overturn two guilty verdicts and has won dismissals of allegations in four other cases. He said he consults with 30 to 40 women annually who are accused of the syndrome and has volunteered more than 4,000 hours of his time defending women. He estimates the cost of defending someone accused of MSBP can range from $25,000 to $1 million.
          “If a mother puts an inappropriate substance in a child, call it what it is: child abuse,” he said. “If a doctor suspects a mother is doing something to her child, find out what she’s doing, find out what to do to get her to stop and if you can’t, then report her.”
          In other words, Ryan said, most MSBP cases that involve real harm to children can be handled as straight forward child abuse. But if MSBP is being alleged, Ryan said, there often are ulterior motives for using this terminology.
          Once in court, Ryan said, “the cases are difficult to win [for those accused of the syndrome] because most juvenile court judges are afraid to rule against the state. It is safer for them to separate the families than to run the risk of ending up on the front page of the paper [if the child later is hurt or dies]. “The question is, does the medical evidence support the allegations? If it doesn’t … I guarantee the mother will win [the case]. I’ve yet to be proven wrong.”
          One of Ryan’s cases involved a 9-year-old California boy who was taken to the University of California at Los Angeles Medical Center in early 1992 for treatment of chronic diarrhea he’d suffered since birth. Based on a single stool sample that showed the presence of a laxative, plus the hospital’s judgment that the boy’s parents had “doctor shopped” and neglected their son’s educational, physical and developmental growth, the parents were charged with MSBP. Based on that, child protective workers declared the boy had been abused, and he was placed with an Illinois foster family.
          Not until 1995 was the family reunited, when an Illinois circuit court found that there was insufficient evidence of abuse or neglect and that UCLA’s use of a single stool sample was suspicious, especially considering that 15 other stool samples showed no laxatives.

    • Rose Shearer

      “According to DSHS, Bubby doesn’t have a medical condition that would cause him to die. ”
      So WHO is lying here????
      There are approximately 400 fatal cases of Congenital CMV each year… so it isn’t fatal??? I guess they better tell those 400 children that die EACH YEAR to come back because it isn’t fatal
      http://www.cmvfoundation.org/

    • Silver Fang

      Munchhausen Syndrome was made up by CPS and the medical community in order to justify the state taking custody of children from parents who are just trying to get the children medical help.

      • lavinia000

        *Note* Syndrome’s new uses:
        Despite the relatively small number of cases, detractors of MSBP say the Munchausen allegations are inflicting a growing amount of damage. They argue that the diagnosis is being used to separate families by professionals who don’t have to fear the consequences of their accusations, because they are protected from legal liability under the federal Good Faith Immunity Law, passed in 1977 to encourage teachers, doctors and others to report suspected cases of child abuse.
        That’s not science.
        One of the most vocal opponents of the Munchausen trend is Thomas M. Ryan, a medical malpractice attorney in private practice in Chandler, Arizona. “There are no scientific studies that prove [MSBPs] existence,” he said. “You have people saying, ‘Gee, I’ve heard other people say mothers do suspicious things, so I’ll call it Munchausen Syndrome by Proxy’.”
        That’s not science. That’s merely reporting anecdotes.
        Ryan is one of the leading defense attorneys for people accused of MSBP Often working for free, he has persuaded the courts to overturn two guilty verdicts and has won dismissals of allegations in four other cases. He said he consults with 30 to 40 women annually who are accused of the syndrome and has volunteered more than 4,000 hours of his time defending women. He estimates the cost of defending someone accused of MSBP can range from $25,000 to $1 million.
        “If a mother puts an inappropriate substance in a child, call it what it is: child abuse,” he said. “If a doctor suspects a mother is doing something to her child, find out what she’s doing, find out what to do to get her to stop and if you can’t, then report her.”
        In other words, Ryan said, most MSBP cases that involve real harm to children can be handled as straight forward child abuse. But if MSBP is being alleged, Ryan said, there often are ulterior motives for using this terminology.
        Once in court, Ryan said, “the cases are difficult to win [for those accused of the syndrome] because most juvenile court judges are afraid to rule against the state. It is safer for them to separate the families than to run the risk of ending up on the front page of the paper [if the child later is hurt or dies]. “The question is, does the medical evidence support the allegations? If it doesn’t … I guarantee the mother will win [the case]. I’ve yet to be proven wrong.”
        One of Ryan’s cases involved a 9-year-old California boy who was taken to the University of California at Los Angeles Medical Center in early 1992 for treatment of chronic diarrhea he’d suffered since birth. Based on a single stool sample that showed the presence of a laxative, plus the hospital’s judgment that the boy’s parents had “doctor shopped” and neglected their son’s educational, physical and developmental growth, the parents were charged with MSBP. Based on that, child protective workers declared the boy had been abused, and he was placed with an Illinois foster family.
        Not until 1995 was the family reunited, when an Illinois circuit court found that there was insufficient evidence of abuse or neglect and that UCLA’s use of a single stool sample was suspicious, especially considering that 15 other stool samples showed no laxatives.

  • Lillie Baird

    You people who believe everything CPS says is truth……why in GODS green earth would a Dr. Or Surgeon put a G-tube in a child who doesn’t need one?? Bubby has CMV go read about it……Brandi and Tom never ever ever said it was his last birthday….if you read about CMV you will find that most kids with CMV die before the age of 15. CMV is detected thru a blood test…..he has been diagnosed with CMV. He has seizures and is on seizure meds…they just don’t give you seizure meds because someone says they had a seizure. Many tests are ran to prove it before they give you meds. Make a Wish checks things out very well before they grant a child a Make-a-wish trip a Doctor says that Brandi manipulated him to get that trip…..what !!!!!!…..a Doctor can be manipulated to do something that he knows is wrong?????? This child has been under medical care for 9 years…..now all of a sudden he doesn’t have things wrong with him that Doctors have said is wrong with him?????? You figure it out yourselves…think about it…..seriously you believe what CPS is saying?

    • glynis

      I agree with you.. cps workers lied and perjued to a judge and cps owm attorney… if i perjury myself i go to jail but cps workers lie to a judge and get transferred off the case and given a promotion… cps is full of crooks and liers.. cps first moto take kids to get money… my lawyer use to work for cps ad was so disgusted by them she quit and got her law degree and now she sues them…

      • LDM4

        Glynis, If you see this comment, is there anyway you could find me a FB and PM me your attorney’s name? I have 2 binders FULL of conflicting statements from CPS workers submitted into court records as sworn statements by Social Workers who never even spoke to my husband and I, nor my children, about a case that they ended up dropping completely a year later. They removed my daughter from school on a Wednesday with no court order. By Friday they still had no court order yet they refused to let me have her back until almost 7 FULL days later, when I demanded they either provide me with a court order or I WAS LEAVING with my child. and to this day they have no proof of anything….. but I haven’t been able to find an attorney who was confident enough to sue them. I would really like to speak with your attorney… I have thoroughly researched my case. There is at least 5 violations of laws and personal rights violations, 3 conflicting statements that were submitted under perjury by CPS workers, as well as a voice recording I captured from a CPS social worker explaining to me that they cannot speak to me while I am recording the conversation because it is against policy, because I told them my attorney required us to not speak to them further unless all conversations were recorded to avoid “misinterpretation.”

      • Sue

        Good job, I wish I can sued them too, those cps people are liers and I guessed you are right they do it for money. They are not taking those kids because to protect them but for money. No wondered why that amy dumb person gets excited when a parent that is accused of child abuse has a job. Is for money. I wish I can afford my own attorney to my grand kids back. The system is evil, evil, evil.

        • Lavinia R S

          If a parent does not show interest in his/her ill offspring- it is accused. If the parent is very involved who research his/her child’s illness and intervene when she/he knows that the medical professional is not doing a good job in his/her child’s care- it is ALSO accused. And most likely of the Most Dangerous accusation: Munchensen by proxy. How very terrible for these parents!

    • Been There

      Actually, yes. Doctors and clinics can be fooled into doing things that are not necessarily needed, even putting in g-tubes. Go to the doctor and tell them you are allergic to shellfish… What happens? They add it to your chart. After a while things get out of control when parents go to different clinics and specialties. Fabrication from objective finding gets misconstrued because the right and left hand aren’t talking. Not saying that’s what this mother did, but trust me from the other side of this type of case… This happens a lot. Its called Medical Child Abuse and it’s a very real thing.

      • Rose Shearer

        “According to DSHS, Bubby doesn’t have a medical condition that would cause him to die. ”
        So WHO is lying here????
        There are approximately 400 fatal cases of Congenital CMV each year… so it isn’t fatal??? I guess they better tell those 400 children that die EACH YEAR to come back because it isn’t fatal
        http://www.cmvfoundation.org/

      • Lavinia R S

        Most of the time G tubes are a detriment to a disabled child or an elderly person. My own experience. But if parents disagree…Watch out!! They will accuse you of not loving your disabled kid. Even when the new research by neuroscientis agree that is Not a good idea. The dietitians are “out to lunch”.

  • jodie

    Cps makes false Alegations all the time. For those of you that doubt it do some research online. Speak to parents that have been through it. Praying for this poor family. Government intruding yet again.

  • glynis

    Cps also conveniently lost my daughters tribal paperwork because she is native american cps has to contact the tribe which they neglected to do… CPS is full of liers and crooks

  • glynis

    Cps wants disabled children they get more state and federal money for disabled children BET even tho cps claims bubby isn’t disabled cps is getting additional money to take him… CPS IS A CRIMINAL EMPIRE

    • Been There

      No one says he’s not disabled in this article that I saw? They’re saying he’s not going to die and the mom and dad tell people he is to money.

        • Jess

          Actually you’re wrong. Crowdfunding is illegal if it’s used to defraud people, same as any other scam. If someone says they need money because someone is dying and he’s not, then that is illegal.

          Yes we’re all going to die one day, but that is very different than saying a child is dying, and you know that.
          *****************
          This isn’t in relation to the specifics of this case, since I don’t know anything about the parents’ claims. It’s just to make clear that all sorts of crowdfunding can be illegal – if it’s used illegally. Which is obvious. And to explain the difference between “we’re all going to die” and a dying child. Which is also obvious. Yet apparently still needed to be explained.

      • Lillie Baird

        first of all we all are going to die….second of all….These parents have never ever ever said he was dying…….when the news got a hold of the story of the birthday cards the parents gave an interview to Q13…they never said he was dying…by the time other news and tv stations got done Bubby was dying….the parents spent many many hours emailing and calling places to set the record straight they were very upset at the spin that the media was putting on about him dying. CMV IS a terminal condition…..will he die tomorrow doubtful…but will he die before his parents…very very likely!

  • glynis

    So cps is saying the parents are liers hummmmmm well thats really hypocritical cps workers committed perjury in an affidavit regarding my bogus case to a judge and cps calls bubbys parents liers.. WOW

  • star

    I know for a fact that cps does as they want…I’ve seen it with my own eyes.
    I also know that parents can make up stories we add different things to medical charts all the time depends on what the patient says …I also know for a fact if your native u have a right to request ur child to be wit family first if none the a native family if there r none they must contact the tribe…if ur tribe is out of state u can call them explain the problems more than likely they will do a conference call while u r in court aND they almost always give the kids back unless it’s proven 100% u have physically hit the child or r using drugs and neglecting the child.
    It’s easier for native Americans to get things going faster because of the sovern government. …
    I think that cps ruins fw.I lies more than. They do reunite plus they lie too ,they r human and feel entitlementioned if u r on their bad side forget it….

  • Billie

    None of this makes any sense…we are only getting some of the story. CPS is not in the business of destroying families the are in the business of family preservation. I would have found it more interesting to know if previous allegations were found and if CPS has previously been involved. There are two sides to this story….let’s stay tuned. In the end poor bubby

    • Tattooed_Angel

      CPS is in the business of family preservation, my arse! I’ve had the pleasure of dealing with Family Reconciliation Services for the last 6 months over my abusive, disrespectful, drug using, uncontrollable teenage son. Guess what? FRS and the lazy, incompetent caseworker with the initials K.W. have made the situation worse than it ever was before. FRS allows my son to balk the system, not participate in the reunification process, labels ME the abusive one, and claims my son (who assaulted me) might have PTSD.

      If you even heard HALF of what I have gone through with my son and FRS/CPS, you’d be appalled. But what can I do? I don’t have money to hire a lawyer to go after the state for their blatant disregard for doing what is in the family’s best interest, the severe lack of competence, the harm they have done to my family, and just the stress and pain they have put my family through because of their unwillingness to do their job.

      Family preservation… HA!

  • The Decider

    Other stories in the news about this case report the doctors actually reported the family saying what the family wanted and were doing was unnecessary.

  • Rose Shearer

    “According to DSHS, Bubby doesn’t have a medical condition that would cause him to die. ”
    So WHO is lying here????
    There are approximately 400 fatal cases of Congenital CMV each year… so it isn’t fatal??? I guess they better tell those 400 children that die EACH YEAR to come back because it isn’t fatal
    http://www.cmvfoundation.org/

  • lavinia rojas

    It is Not uncommon for civil servants and the medical profession to go after parents who care for their offspring at home. It is widely documented of the many cases where government officials and Mainly the medical profession have tried to separate them and place them with either Foster parents or Institution. Taking care of my severely disabled daughter was easy comparing to the battles with the dieticians that insisted in inserting a G-tube for my child when she did not need one. I was FORCED or they would have removed her from my care. My daughter went down the hill after the insertion. Her health deteriorated, and with that our lives was nothing more than horror. They FORCEd me to many other things that they want for our disabled children. The problem is that they GENERALIZE. Not all disabled children are the same. Parents are the experts. I was compelled to write an ebook “Could this happen to you”

  • lavinia000

    I was driven to insanity by the medical community, especially a surgeon. They are IGNORANT!. I fought with my teeth when they tried to removed my Late severely disabled daughter. Read my ebook “Could this happen to you”?

  • lavinia000

    *Note* Syndrome’s new uses:
    Despite the relatively small number of cases, detractors of MSBP say the Munchausen allegations are inflicting a growing amount of damage. They argue that the diagnosis is being used to separate families by professionals who don’t have to fear the consequences of their accusations, because they are protected from legal liability under the federal Good Faith Immunity Law, passed in 1977 to encourage teachers, doctors and others to report suspected cases of child abuse.
    That’s not science.
    One of the most vocal opponents of the Munchausen trend is Thomas M. Ryan, a medical malpractice attorney in private practice in Chandler, Arizona. “There are no scientific studies that prove [MSBPs] existence,” he said. “You have people saying, ‘Gee, I’ve heard other people say mothers do suspicious things, so I’ll call it Munchausen Syndrome by Proxy’.”
    That’s not science. That’s merely reporting anecdotes.
    Ryan is one of the leading defense attorneys for people accused of MSBP Often working for free, he has persuaded the courts to overturn two guilty verdicts and has won dismissals of allegations in four other cases. He said he consults with 30 to 40 women annually who are accused of the syndrome and has volunteered more than 4,000 hours of his time defending women. He estimates the cost of defending someone accused of MSBP can range from $25,000 to $1 million.
    “If a mother puts an inappropriate substance in a child, call it what it is: child abuse,” he said. “If a doctor suspects a mother is doing something to her child, find out what she’s doing, find out what to do to get her to stop and if you can’t, then report her.”
    In other words, Ryan said, most MSBP cases that involve real harm to children can be handled as straight forward child abuse. But if MSBP is being alleged, Ryan said, there often are ulterior motives for using this terminology.
    Once in court, Ryan said, “the cases are difficult to win [for those accused of the syndrome] because most juvenile court judges are afraid to rule against the state. It is safer for them to separate the families than to run the risk of ending up on the front page of the paper [if the child later is hurt or dies]. “The question is, does the medical evidence support the allegations? If it doesn’t … I guarantee the mother will win [the case]. I’ve yet to be proven wrong.”
    One of Ryan’s cases involved a 9-year-old California boy who was taken to the University of California at Los Angeles Medical Center in early 1992 for treatment of chronic diarrhea he’d suffered since birth. Based on a single stool sample that showed the presence of a laxative, plus the hospital’s judgment that the boy’s parents had “doctor shopped” and neglected their son’s educational, physical and developmental growth, the parents were charged with MSBP. Based on that, child protective workers declared the boy had been abused, and he was placed with an Illinois foster family.
    Not until 1995 was the family reunited, when an Illinois circuit court found that there was insufficient evidence of abuse or neglect and that UCLA’s use of a single stool sample was suspicious, especially considering that 15 other stool samples showed no laxatives.

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