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Attorney calls CPS actions “Legal Terrorism”

worried motherMom cleared of abuse claims goes into hiding with baby

A Michigan mother is on the run so that CPS can’t take her baby from her, again, even though she was cleared of all charges of abuse.  Baby Naomi Burns has been taken into hiding by her mother, Brenda Burns.  An attorney for the mother is calling CPS actions this “legal terrorism”.

It started when two month old Naomi slipped off her father’s knee.  Both parents said she suffered from only a slight bruise on her cheek, and was smiling and giggling for the rest of what proved to be a normal day.   The next day, however, Naomi projectile vomited, and the parents rushed her to the ER.  The attending physician was not concerned and said the Dad did nothing to cause the vomiting, Naomi was suffering from either an infection or virus.  But a doctor at the University of Michigan later found bleeding in the area between Naomi’s brain and skull.  The parents were accused of child abuse, and Naomi was put into foster care.

Like every other parent this happens to, Brenda, and her husband Josh were shocked, devastated, humiliated, and terrified.  Their world was turned upside down.  Brenda, a registered nurse, was ultimately cleared of all charges, and Naomi eventually returned to her.  Josh, a commercial airline pilot would be charged with child abuse even though experts testified the bleeding inside Naomi’s head happened at birth and was caused by trauma during her delivery.  Josh was convicted this past January, but hasn’t seen his daughter in almost a year.

On the night of Josh’s conviction, a social worker showed up at the house where the grandparents were caring for Naomi with five Brighton City police officers.  They wanted to see if Josh was there which would be in violation of a court order.  (The order prevents him from being with or seeing his baby daughter).  A nanny cam captured the home invasion, (SEE here), and CPS worker Melinda Chamberlain can be heard saying; “I’m with CPS, I’m with DHS. I was asked to just come out and just verify that he was not here” .

The raid is one of the reasons the mother’s attorney sent CPS a letter last week telling them to leave Brenda alone, and that Brenda was moving.  The letter informed CPS they could write to her at a post office box, or  call her attorney.  CPS’s response was to file a new court petition against Brenda, demanding the new address for Naomi.  According to the attorney the mother does not have to provide that, and she further states to 7 Investigator Heather Catallo,  “It’s definitely not a crime for her to take her daughter and live wherever she wants to with her daughter.  Her daughter was given back to her, she’s the fit parent, and under our constitution and the way that our Michigan Supreme Court has interpreted it, they cannot put her child under supervision of DHS.”

An order demanded an address for Naomi by 5:00 p.m. on Friday March 6th.  As of today, March 11, the address has not been provided, and Brenda is in hiding.

In an interview with Catallo in January Brenda said:  “Naomi was a very wanted child. We waited a very long time to have children”.  In the same interview, Josh said; “I attended daddy boot camp classes at St. Joe’s [Hospital] before she even came into the world, because I wanted to be the best dad I could be”.  Like so many others when CPS gets involved, this family was immediately ripped apart, and their lives forever changed.  In an email to 7 Investigators Bill Vailliencourt said:  “It is not our desire to keep a child from her mother. We want to make sure that the child is protected from the man who abused her.  To the extent there is a dispute over what the court can order the mother to do, that is a matter that will be litigated and ultimately decided by the courts.” [emphasis added]

There is no system ever devised by mankind that is guaranteed to rip husband and wife or father, mother and child apart so bitterly than our present Family Court System.” Judge Brian Lindsay, Retired Supreme Court Judge, New York


2 comments on “Attorney calls CPS actions “Legal Terrorism”

  1. diana
    March 12, 2015

    I had my kids taken for 2 years because i lived in a trailer i had to do drops and therapy and almost lost them fully that was almost 8 years ago since then my kids have suffered from depression and separation problems. This past year my daughter’s father slammed her head into the wall cps was called they closed the case but right after the worker called me and told me to go for full custody because he does not think her father will stop abusing her. It makes no sense to me at all.


  2. tornfamily
    March 14, 2015

    Thank you for posting the story of the Burns family. Josh is being sentenced to prison next week but will continue the fight to clear his name and reunite his family. The family has spent hundreds of thousands already on fighting the false abuse claims and everything that comes along with that including the continued violation of Brenda’s civil rights. With the help of their many supporters they are appealing Josh’s wrongful conviction. Look for more coverage of their story on ABC next week and visit the tornfamily.com website and fb page for updates. Josh and Brenda’s resilience and faith has been amazing thru this fight!


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This entry was posted on March 11, 2015 by in cps, Diegel Sisters, Medical Kidnap and tagged , , .
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