A case involving a mother who claims two doctors, a social worker, a police detective, a county prosecutor, and Child Protective Services are guilty of violating her civil rights will be heard in the Idaho Supreme Court tomorrow morning.
Kristine McCreery’s son became ill in 2018. He was 15 years old at the time. He was vomiting, dehydrated, and not able to keep food or nutrients down. She took him to the ER several times and was sent home every time. After multiple attempts to get help and care for him, McCreery took him to St. Alphonsus Hospital in Nampa and insisted they give care and not turn the boy away. He was eventually admitted, then transferred to St. Alphonsus Pediatric Care in Boise. McCreery was then told the boy needed testing and care that could only be done at St. Luke’s. He was then transferred to St. Luke’s Children’s Hospital in Boise. The boy was hospitalized for a total of seven days. During that time mother and son met with multiple physicians, a master social worker, and a psychiatrist. McCreery was questioned repeatedly in an attempt to determine whether child abuse or neglect were factors in the boy’s illness. The medical professionals documented in the boy’s records their belief that no abuse or neglect had taken place.
From the story by MedicalKidnap.com:
“According to medical records, on January 13th, Dr. Marc W. Bostick conducted a psych evaluation interview with [the boy]. His report refers to “staff concerns” of the relationship dynamic between [the boy] and his mother, referring to Kristine (McCreery) as a Mama Bird. Dr. Bostick concludes in his report that he does not think there is “anything abusive or dangerous about it.”
On January 14th, social worker Lisa Manery conducted an investigation on the same concerns. She also didn’t find anything abusive and ends her report with “no future social worker involvement warranted.” “
The last St. Al’s doctor to see the boy, Dr. Jennifer King, believed those conclusions to be incorrect. According to the above referenced article,
“On January 16th, [the boy] was transferred to St. Luke’s Children’s Hospital in Boise by Dr. Jennifer King. Kristine was told that it was because there was nothing else St. Al’s could do for him, and he needed testing for cystic fibrosis, a respiratory disorder that can result in extreme malnutrition due to digestion issues.
However, according to medical records of Dr. Amy Barton, a child abuse specialist that works for St. Luke’s through their Children At Risk Evaluation Services (CARES), the actual purpose for the transfer was to put [the boy] into her care of Dr. Barton to determine whether or not his condition was medical abuse vs. medical neglect.
Dr. King from St. Al’s had allegedly already decided that the only cause of his weight problem was that this mother was hurting her son and asserted that there were concerns of medical abuse by Kristine either actively by not allowing [the boy] to eat, or passively through medical neglect.Advertisement
She had primarily sent [the boy] to St. Luke’s Children’s Hospital CARES to be under the care of the child abuse specialist, Dr. Barton.”
Dr. Jennifer King and Dr. Amy Barton filed a report of suspected abuse and neglect. A CPS investigation was conducted and a CPS action was initiated in family court. The mother and child were separated. The boy was in the custody of the state for a total of 15 months, and according to McCreery, he suffered greatly during that time.
Criminal charges were filed against McCreery as well. Six months after the boy was taken into state custody, Canyon County Deputy Prosecutor Shari Dodge filed charges against McCreery for Felony Injury to a Child. Eventually McCreery was offered a plea deal to reduce the charge to a misdemeanor. She was told if she accepted the plea, the proceedings to reunify her with her son could continue. She agreed to the deal, which included 2 years probation. Even so, it took another nine months before her child was placed back with her at home.
According to the Supreme Court filing, the following parties are listed:
Plaintiff-Appellant: Kristine McCreery – represented by Olsen Taggart PLLC
Dr. Jennifer King, M.D., in her individual and official capacity – represented by Duke Evett, PLLC
Dr. Amy Barton, M.D., in her individual and official capacity – represented by Gjording Fouser, PLLC
Social worker Teresa Torres, in her individual and official capacity – represented by Raúl R. Labrador, Idaho Attorney General
Nampa Police Detective Erin Pon, in her individual and official capacity – represented by Moore Elia & Kraft, LLP
Canyon County Deputy Prosecuting Attorney Shari Dodge, in her individual and official capacity – represented by Moore Elia & Kraft, LLP
Because of his involvement in this case, Idaho Dispatch asked Attorney General Labrador’s office for a statement. We will update this article if a response is received.
The Court will hear arguments tomorrow on whether the Ada County Fourth District Court, Judge Jonathan Medema, was correct in dismissing the complaint with prejudice by deciding that “All defendants have immunity,” or whether that decision should be set aside and an appeal heard in the case.
The explanation of the hearing reads,
Idaho Supreme Court McCreery v King 49385
“This lawsuit arises from Respondents’ investigation into whether Appellant Kristine McCreery abused or neglected her fifteen year old son, B.M. McCreery filed a complaint against two physicians who reported the alleged abuse, the detective who investigated the reports, the deputy prosecutor who filed the CPA action, and an Idaho Department of Health and Welfare social worker who submitted an investigatory report and testified in the CPA case, alleging they violated her constitutional rights and Idaho’s false reporting statutes when they took actions to separate her from B.M. over a 15-month period. The district court dismissed all of McCreery’s claims with prejudice after finding that the Respondents were immune from liability and that the allegations in McCreery’s complaint failed to state any valid claim upon which relief could be granted. McCreery filed a motion to amend her complaint to add new causes of action against the Respondents, which the district court denied. McCreery timely appealed to this Court, arguing the district court erroneously dismissed her claims.”
McCreery has stated that she is willing to take the case all the way to the US Supreme Court if necessary.
“Shari Dodge, the criminal prosecuting attorney for the state, said that she wanted eyes on my son until he turned 18, and now I want eyes on CPS because medical kidnap and wrongful separation at the hands of the state continues to happen.” ~Kristine McCreery
McCreery and her attorneys have been informed that one of the two female Justices out of the five members on the Idaho Supreme Court has recused herself from these proceedings. They were not told which one, and they were not given an explanation as to why. A senior Supreme Court Judge has been assigned to fill the fifth seat in tomorrow’s hearing.
In addition to fighting this case in family, criminal, and civil court, McCreery and her attorneys have drafted legislation over the last two years to strengthen statutory law on medical kidnapping. The first draft was printed as House Bill 821 in the 2022 Legislative Session. The bill was never allowed a public hearing.H0821
In the 2023 session McCreery worked with Senator Tammy Nichols on a new draft bill. The legislation did not get printed and did not move forward.
McCreery has also started an organization – POWER – Parents Objective With Essential Rights. Their website says it is a,
“Non-Governmental Organization who helps parents/guardians understand their rights when their child(ren) are medically kidnapped. Attorneys, medical experts, and others retained.”
McCreery recently spoke on the Todd Herman show. You can listen here.
The details on the hearing tomorrow morning at the Idaho Supreme Court are as follows: McCreery v. King #49385, Wednesday, May 10 at 11:10am. You can also listen live online here: Idaho in Session Judiciary (idahoptv.org)
Following tomorrow’s hearing, Idaho Dispatch will sit down with McCreery and two of her attorneys for an update on the case. You will be able to hear the interview on our Rumble channel: https://Rumble.com/user/IdahoDispatch
Photo courtesy of EastIdahoNews.com
Article Updated Wednesday, May 10 at 7pm
Update: The post-Supreme Court hearing interview with McCreery and her attorneys is available here: Kristine McCreery vs. Doctors and CPS. (rumble.com)
Tags: Ada County, Amy Barton, Canyon County, CPS, Erin Pon, Idaho Attorney General, Idaho Supreme Court, IDHW, Jennifer King, Jonathan Medema, Kristine McCreery, Medical Kidnapping, Raul Labrador, Shari Dodge, Tammy Nichols, Teresa Torres