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Mother Who Claims Doctors and CPS Violated Her Civil Rights to Be Heard Tomorrow In Idaho Supreme Court

By • May 9, 2023

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.

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

Defendants-Respondents:

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,

“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.”

Idaho Supreme Court McCreery v King 49385

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)

 

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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

22 thoughts on “Mother Who Claims Doctors and CPS Violated Her Civil Rights to Be Heard Tomorrow In Idaho Supreme Court

  1. While I understand that children need “protection,” I just have this increasing feeling that the meaning of the acronym “C.P.S.” has become a contradiction in terms. Parents, not the state, should be the overwhelming final safeguard of that protection, in my humble opinion. And yes, I am a parent of three (now grown) children.

    1. If social workers and employees of the state are immune from prosecution, they don’t work for us and we are subject to them. If they are not held accountable, their abusive behavior will worsen and the quality of life will decrease for Idahoans.

      1. This immunity from liability is a cop out…there should be no such thing. You are making a decision based on your belief possibly and NOT
        the science. This is wrong.

  2. It’s time for the Attorney General to investigate St Luke’s in all of their practices. How long is he going to allow these controversies to continue at St Luke’s without the public and the taxpayers knowing exactly what is happening there?

    1. From the article: Social worker Teresa Torres, in her individual and official capacity – represented by Raúl R. Labrador, Idaho Attorney General

      If Raul Labrador is defending one of the people involved in this trial, it doesn’t seem likely to me that he will investigate St. Luke’s.

  3. Very sad when a parent who tried to do the right thing for her sick child was penalized so badly, another show against our freedoms.

  4. This seems to correlate uncomfortably with the Baby Cyrus story, where the hospital/CPS tried to remove the baby from the parents. Is there something sinister happening in Boise????

    1. When you have doctors or politicians with ideological axes to grind, they will use their power to advance that ideology. And when you combine the two, you have a very, VERY dangerous force.

      IMHO, CPS should have to prove IN COURT that there is abuse before taking a child. In almost every area EXCEPT this Constitutional law prohibits the government from depriving a person of their rights until after guilt has been ascertained by a jury of their peers.

  5. These are the stories that parent’s nightmares are made of! For those that think CPS threats don’t happen “to good parents” you are being foolish. These threats happen to good parents all the time. When a few in the wicked medical system slef-elevate to god-like status in their minds and they connect with similar folks in law enforcement and government it is a recipe for disaster. Ex: Baby Cyrus and this McCreery case. Wicked participants have stolen precious time from this mother and son and there is no restitution for that. I am impatiently waiting for the good people in these systems to speak up, step up and defend the innocent. A pipe dream, perhaps.

    I am curious what the implications of AG Labrador representing the social worker will be. Sadly, I am losing faith in Mr. Labrador. I saw such promise but his lack of action this early in his term is not comforting. We shall see.

    1. Sadly, I agree with you on Raul Labrador. We all had such great hope and here we are. Politics… Everybody’s got their price but a very few.

    2. There doesn’t seem to be a Father in the picture. “I always suggest you take several mean and ugly relatives with you whenever visiting a doctor.”- Robert Mendelssohn, MD, Pediatrician and former president of the AMA. From ‘Confessions of a Medical Heretic’.

      1. Love Dr Mendelsohn. He had another book which I can’t remember the name, but which caused me to rethink ever taking my kids to a pediatrician again. And yes, if there’s a definition of a “good” heretic, he’s the man!

    3. Labrador has a responsibility tobrepresent the state worker. It is his job, even if he doesn’t like the case. Attorneys represent people they don’t believe are innocent all the time. It goes with the territory.

  6. There doesn’t seem to be a Father in the picture. “I always suggest you take several mean and ugly relatives with you whenever visiting a doctor.”- Robert Mendelssohn, MD, Pediatrician and former president of the AMA. From ‘Confessions of a Medical Heretic’.

  7. These out of control CPS dictators are not just in Idaho. A Christian mom in CA had the CPS go after her because she wanted to treat her young school age daughter with a cold with a home remedy and a school nurse turned her in to the CPS. CPS haunted this mom and threatened to seize her daughter if she didn’t treat her with the proper medication for a “cold”. That sounds/looks like gestapo methods.

    If we don’t fight back here in Idaho against these medical Marxists, then we will be in bondage to a wicked medical system for a generation.

  8. Registering the Live Birth with the County Recorder’s office trafficks the baby from common law [land & soil] jurisdiction to Admiralty [sea jurisdiction]. Once that occurs the municipal and/or federal government [Admiralty law] takes over because of the U.S. or US Citizenship status. ‘Registering’ any personal property means that you turn over control to the State. Anytime you change your capacity you are diminished! Remember, he who creates ‘owns’. Change your status back to the land and soil jurisdiction which is sovereign status.

      1. Hi RC, your name written in ALL CAPS on all your documents, i.e., driver’s license, credit cards, social security, loans, etc. means that you are a legal fiction entity and not man or woman. It is called Justinian Deception. When you were born, the nurse/doctor/hospital sent your certificate of live birth to the county recorder’s office and it was assigned a Cusip number meaning you were registered, bonded and converted to a legal entity removing your birth right status of being born on the land and soil. The conversion made you a U.S. or US Citizen meaning you only have ‘privileges’ and as a legal fiction you are now subject to ‘Admiralty Law’ not American Common Law. Admiralty Law is of the sea not the land.

        1. OK, “Cusip” is an acronym that stands for “Committee on Uniform Securities Identification Procedures”. It is a trademark owned by the American Bankers Association and a system administered by Standard & Poor’s. I worked in S&P’s offices at 55 Water Street in lower Manhattan (across the street from Fraunces Tavern) and wrote software for the CUSIP system. It is all about stocks and bonds; it has nothing to do with individuals other than recording who the contact people are for each issuer.
          So, is there some other kind of “Cusip” system out there?

  9. People are grossly confused about the Birth Certificate, what it is, what it does, why it exists, etc. That confusion is somewhat created and perpetuated by the document itself. It appears to be a record belonging to us but, in fact, it is a registration document issued by a foreign government.

    That foreign government is under contract to provide “essential government services” (Article IV) for our states of the Union. To finance those services, this foreign government assumes that you are responsible for its expenses. They register the event of your birth and they issue bonds known as CUSIP Bonds in your NAME. These CUSIP Bonds are public debt obligations racked up against you and your assets. Your NAME is applied to a foreign corporation which is subject to United States Territorial law and is obligated as a debtor by definition. Thus, almost the moment you come into this world you are set upon and “redefined” as a DEBTOR responsible for paying the debts of the foreign United States Territorial Government.

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