selectap

I have to say that there are reams and reams of independent scientific medical research on the benefits of medical marijuana and despite how social services feel about it, if it is not illegal you should not be persecuted for it anymore than you should be for taking any other state recognised legal medicine.

penguinsix

First, I strongly recommend you contact a professional attorney. This case requires professional help. If you can't get ahold of the attorney you called, consider the Grand Rapids Bar Association Lawyer finder service:

http://www.grbar.org/displaycommon.c...barticlenbr=67

Michigan CPS has a history of going after medical marijuana patients as referenced in a previous post. From their standpoint what's "legal" isn't necessarily in the best interest of a child. Exaggerating to illustrate an example, it's legal to own guns in Michigan, but if you have a bunch of them lying around your house than CPS would act. It's legal to have 100 cats in Michigan, but if they are running around the house with a baby they'd likely act, etc. etc. "Medical" marijuana is still illegal at the federal level and viewed with suspicion in the law enforcement community.

As for "illegal to discriminate against someone based on mental health problems" I'd say, umm, no. There are certain situations, like employment, in which you cannot 'discriminate' against one employee vs. another due to a disability, such as mental health issue, but there are plenty of situations in which an action can be taken if someone has a mental health issue, and child welfare is one such situation. If the CPS can show a nexus between mental health and the safety of the child they can act.

http://www.mentalhealthamerica.net/parenting

You might want to take a look at this handbook. It will detail much of what you can expect to hear in the next few days.

http://courts.mi.gov/education/mji/P...roceedings.pdf

Also, you might want to take note of Michigan Duty of Reporting laws as they relate to the doctor. If he felt that the child needed additional medical treatment he has a legal requirement (i.e. he MUST) report these concerns to CPS. While she might have a "right" to take the child out of the hospital early, whether it is in the "medical interest" of the child is something that may have been reported. These reports are by phone call followed by a written filing 72-hours later. You can more about the details of that here:

http://www.michigan.gov/documents/dh...2_179456_7.pdf

selectap

Thanks penguinsix. yes i guess what is supposed to be and what is applies. I was just under the illusion that American legal system was more correct than ours. I guess iit is down to them to prove that medicine makes her unfit. Just what i have heard myself from the CPS who werent clear on what they were saying and hearing the woman ask my wife is she could get help from the native american association( not sure of the wording) because she thought my wife "looked" native American, didnt help quell my fears. Nor did the fact that the GR police phoned my wife just before they came around and told my wife they would remove all of her benefits if she did not let them in the house help. I was not aware that the police paid peoples benefits over their let alone had the power to make threats like that.
We are talking to a lawyer at the moment and hope to have something sorted by the court date 3pm US time.

penguinsix

Police don't pay benefits nor can they cut them off. Please mention this threat to the attorney. Police say all sorts of stuff, some of it untrue (likely the case in this situation). If it can be proven to be a coercive threat it can be used to invalidate a search.

However, it will likely end up as a "he said / she said" kind of thing and the police usually win those.

selectap

I have made sure that my wife records all conversations with these people and she has a recording of this that will be passed on to the attorney. I know the police. Most are not stupid enough to make an illegal threat over an electronic device knowingly. This one was apparently of the more stupid variety. They also removed a nail clipper from the apartment to prevent self harm which wasnt explained at the time and then they removed all of the cooking utensils, spoons , spatulas, forks as well as knives without telling her.

Sally Redux

It sounds like a terrible situation, but on the other hand, giving birth can cause mental disturbances to the mother and she is on her own, we cannot know what is truly going on. I do hope it all gets resolved soon.

selectap

It is a terrible situation, all the worse for me not being able to be there. I am fairly confident in the ability of my wife and the midwife and her assistant and neighbour who all witnessed what went on to tell the truth of what went on. A lot more so than a social worker who doesnt agree with a legal medication or a police official taped blatantly telling lies to terrorise a frightened woman.

Nutmegger

It looks as if there is some precedent for this kind of action regarding a child and medical marijuana in Michigan:

http://www.mimarijuananews.com/2013/...aby-bree-away/

Pulaski

Recording a conversation without the permission of the person being recorded may result in a recording that is not legally permitted to be used as evidence in court. In the event it is admitted as evidence, you often only move the argument from a "he-said-she said" argument to a "he-meant-she-meant" argument.

selectap

My wife is meeting with the attorney at the court house now so he will advise her what is best. Even if you can not you use a recording you can can repeat the conversation verbatim in a courtroom and most police phone calls are recorded as a matter of procedure and can be requested by defence council as evidence. In my experience when you can repeat an unfavourable statement made by an officer who reports that particular message seems to have gone missing the judge usually knows who to believe

Jerseygirl

I thought it was illegal unless the other party is informed you are recording the conversation. That's why when you call say a insurance company for example...you are informed that your call may be recorded.

Pulaski

So you have extensive experience of how things work in the US legal system? .... I can assure you that while superficially US courts can appear similar to the system in the UK, the results can be significantly different!

selectap

I guess the attorney will let her know what is what. I would also have thought the amount of police officers suspended and/or prosecuted for action recorded on phones/cameras without their express consent or warning dont exist. Insurance companies are not public servants.

Jerseygirl

Are you replying to me?

I realise that...as I said insurance companies was only an example.

rpjs

Depends on the state but most places only one party taking part in the call needs to consent and often is not required to inform the other party/parties that they are recording.