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-   -   Holy cow.SWAT team invades homeschool (https://www.askmehelpdesk.com/showthread.php?t=169877)

  • Jan 7, 2008, 01:00 PM
    kindj
    Holy cow.SWAT team invades homeschool
    Sorry folks, but when I read more and more things like this, I just go out and buy another thousand primers or bullets or some other piece of reloading equipment, and then make a little donation to NRA-ILA.

    Can you imagine where we'd be if there WERE NO Second Amendment? This kind of stuff would be happening with utter impunity and absolutely zero recourse.

    Sad, frightening, disgusting.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    SWAT officers invade home, take 11-year-old at gunpoint
    Police demand boy go to doctor because of fall during horseplay
    Posted: January 7, 2008
    1:00 a.m. Eastern

    By Bob Unruh
    © 2008 WorldNetDaily.com

    Nearly a dozen members of a police SWAT team in western Colorado punched a hole in the front door and invaded a family's home with guns drawn, demanding that an 11-year-old boy who had had an accidental fall accompany them to the hospital, on the order of
    Garfield County Magistrate Lain Leoniak.

    The boy's parents and siblings were thrown to the floor at gunpoint and the parents were handcuffed in the weekend assault, and the boy's father told WND it was all because a paramedic was upset the family preferred to care for their son themselves.

    Someone, apparently the unidentified paramedic, called police, the sheriff's office and social services, eventually providing Leoniak with a report that generated the magistrate's court order to the sheriff's office for the SWAT team assault on the family's home in
    A mobile home development outside of Glenwood Springs, the father, Tom Shiflett, told WND.

    WND calls and e-mails to Garfield County Social Services were not returned, and Leoniak, who earlier served as a water court clerk/referee, also was not available.

    Sheriff Lou Vallario, however, did call back, and told WND he ordered his officers to do exactly what the magistrate demanded.

    "I was given a court order by the magistrate to seize the child, and arrange for medical evaluation, and that's what we did," he said.

    According to friends of the family, Tom Shiflett, who has 10 children including six still at home, and served with paramedics in Vietnam, was monitoring his son's condition himself.

    The paramedic and magistrate, however, ruled that that wasn't adequate, and dispatched the officers to take the boy, John, to a hospital, where a doctor evaluated him and released him immediately.

    The accident happened during horseplay, Tom Shiflett told WND. John was grabbing the door handle of a car as his sister was starting to drive away slowly. He slipped, fell to the ground and hit his head, Shiflett said.

    He immediately carried his son into their home several doors away, and John was able to recite Bible verses and correctly spell words as his father and mother, Tina, requested. There were no broken bones, no dilated eyes, or any other noticeable problems.

    The family, whose members live by faith and homeschool, decided not to call an ambulance. But a neighbor did call Westcare Ambulance, and paramedics responded to the home, asking to see and evaluate the boy.

    The paramedics were allowed to see the boy, and found no significant impairment, but wanted to take him to the hospital for an evaluation anyway. Fearing the hospital's bills, the family refused to allow that.

    "This apparently did not go over well with one of the paramedics and they started getting aggravated at Tom for not letting them have their way," a family acquaintance told WND.

    "The paramedics were not at all respectful of Tom's decision, nor did they act in a manner we would expect from professional paramedics," the acquaintance said.

    So the ambulance crew, who also could not be reached by WND, called police, only to be told the decision was up to the Shiflett familiy.

    The paramedics then called the sheriff's office, and officers responded to the home, and were told everyone was being cared for.

    Then the next day, Friday, social services workers appeared at the door and demanded to talk with John "in private."

    They were so persistent Tom ended up having to get John out of the bathtub he was just soaking in, to bring him to the front porch where the social workers could see him, the family reported.

    Then, following an afternoon shopping trip to town, the family settled in for the evening, only to be shocked with the SWAT team attack.

    The sheriff said the decision to use SWAT team force was justified because the father was a "self-proclaimed constitutionalist" and had made threats and "comments" over the years.

    However, the sheriff declined to provide a single instance of the father's illegal behavior. "I can't tell you specifically," he said.

    "He was refusing to provide medical care," the sheriff said.

    However, the sheriff said if his own children were involved in an at-home accident, he would want to be the one to make decisions on their healthcare, as did Shiflett.

    "I guess if that was one of my children, I would make that decision," the sheriff said.

    But he said Shiflett was "rude and confrontational" when the paramedics arrived and entered his home without his permission.

    The sheriff also admitted that the injury to the child had been at least 24 hours earlier, because the fall apparently happened Thursday afternoon, and the SWAT attack happened late Friday evening.

    Officials with the Home School Legal Defense Association reported they were looking into the case, because of requests from family friends who are members of the organization.

    "While people can debate whether or not the father should have brought his son to the ER – it seems like this was not the kind of emergency that warrants this kind of outrageous conduct by government officials," a spokesman said.

    Tom Shiflett said when John was evaluated by the physician, "they didn't find anything wrong with him."

    He said the paramedics never should have entered his home, but they followed his wife in the front door when she came in.

    "My attention was on my son," Shiflett said.

    He said the SWAT team punched a hole in his door with a ramrod, and the first officer in the home pointed a gun right in the face of Tom's 20-year-old daughter.

    "I don't know where social services ever got started, or where they got their authority," he said. "But I want to know why we have something in this country that violates our rights, that takes a parental right away."

    He said he saw a multitude of injuries in Vietnam, and while he recognized that his son needed to be watched, he wasn't willing to turn his child over to the paramedics.

    With 10 children, most of them older than John, it's not as if he hasn't seen a bruise or two, either, he said.

    "Now I'm hunting for lawyers that will take the case … I'm going to sue everybody whose name was on that page right down to the judge," he said.

    Mike Donnelly, a lawyer with the HSLDA, told WND the case had a set of circumstances that could be problematic for authorities.

    "In Doe V. Heck, the 7th Circuit Court of Appeals held that parents have a fundamental right to familial relations including a liberty interest in the care, custody and control of their children," he said.

    He also said many social services agencies apply "a one size fits all approach" to cases, regardless of circumstances.
  • Jan 7, 2008, 01:17 PM
    ScottGem
    I strongly suspect there is more to this than was reported. Frankly, I think the refusal to make sure the child was properly cared for was irresponsible and apparently raised concerns from the authorities. Did they oversteptheir bounds? Maybe! In the post Ruby Ridge and Waco world, police are very leery about such things reoccurring.

    Would arming oneself have prevented or solved this incident. NO!!! it would have just exacerbated it, potentially resulting in someone getting seriously injured or dead.

    I think the best way to handle this is through the courts. Sue the people for jumping the gun and invading a home. Show the authorities there will be civil penalities for precipitous actions.
  • Jan 7, 2008, 01:29 PM
    Dark_crow
    It’s an absolute tragedy; I expect more than the judge will pay for their bad judgment. But then, everyone knows how bad those “HomeSchoolers” are.:p
  • Jan 7, 2008, 01:33 PM
    Emland
    Smell that? That's what a lawsuit smells like.
  • Jan 7, 2008, 01:51 PM
    kindj
    "I strongly suspect there is more to this than was reported."

    Probably. When has ANY news source ever gotten the full picture across?

    "I think the refusal to make sure the child was properly cared for was irresponsible and apparently raised concerns from the authorities."

    I agree. However, their alleged "irresponsibility" was somewhat countered by a) the man's experience with dealing with injured folks before; and b) the fact that as a parent of multiple children before this one, he (as do I and all other parents) have a degree of learned sense about what constitutes a serious enough injury for an ER visit and what doesn't. Not all the time, but enough of the time.

    By the logic of this magistrate, the SWAT team could've come into MY house every time one of my boys knocked his head on something. As it is, only one time was I concerned, and I called our pediatrician at his house (we're friends from high school days), and he said it was OK, and told me what else to watch for. Then, feeling anxious (and needing a beer and a break from his wife), he came over to the house, where he spent more time on his beer than he did on my son, because he saw right quick that the injury was nothing. BUT, by this guy's logic, the SWAT team should've come.

    "Did they oversteptheir bounds? Maybe!"

    Maybe, hell! Absolutely! This smells strangely like the Elian Gonzalez (Cuban refugee boy) case from the RenoReich.

    "Show the authorities there will be civil penalities for precipitous actions."

    Just curious: What happens if (or when) the authorities in question begin telling the citizens to stick their suits where the sun doesn't shine, that THEY are the authority and WE are not? What then?
  • Jan 7, 2008, 02:16 PM
    speechlesstx
    Should anyone be surprised? Parental rights - as I've pointed out many, many times in the last few weeks - are an endangered species. The American Academy of Pediatrics and other major medical groups recommend that doctors question their young patients without parental consent and with little if any justification, on such things as "Is there a gun in your home?" Is it any wonder that some paramedic would get his panties in a wad and take it to the extreme?

    Parents are no longer parents, they're suspects, and all these left leaning groups (including the worst among them, Planned Parenthood) are actively engaged in undermining parental rights and "empowering" children.

    Anyone in their right mind knows children have certain right, should be protected from abuse and should receive needed medical care, but if I had a young child I'd be very leery of taking him or her to the doctor after a fall - especially in Colorado if this report is true.
  • Jan 7, 2008, 02:33 PM
    Dark_crow
    In general, I agree with you about government intrusion on what has traditionally been parental domain. However, I don't believe it is fair to lay the whole blame at the feet of liberals. Consider other causes, the abuse and neglect of such a large % of parents for their children. Then there is the minority religious right that has invoked prayer as a substitute for medical needs. How is it that so many parents come to neglect, or abuse their children? The answer to that may well be what we should be focusing on.
  • Jan 7, 2008, 02:46 PM
    speechlesstx
    Quote:

    Originally Posted by Dark_crow
    In general, I agree with you about government intrusion on what has traditionally been parental domain. However, I don’t believe it is fair to lay the whole blame at the feet of liberals. Consider other causes, the abuse and neglect of such a large % of parents for their children. Then there is the minority religious right that has invoked prayer as a substitute for medical needs. How is it that so many parents come to neglect, or abuse their children? The answer to that may well be what we should be focusing on.

    DC, of course the blame doesn't lie entirely with the left, but you don't find many on the right advocating the erosion of parental rights do you? And I think that "minority religious right" you're referring to is less than minuscule. I know we conservative evangelicals invoke prayer - but we also praise God for the miracle of modern medicine :)
  • Jan 7, 2008, 03:06 PM
    Dark_crow
    I have yet to hear anyone on the left or right ‘advocating the erosion of parental rights.’ Might I remind you that those words are an “interpretation?” Were it that the whole of parental neglect and abuse was as minuscule as those who invoke payer for medicine- would there even be an erosion of parental rights…I don’t think so. On that basis it could be argued that it is the Left who want to protect the rights of children and the Right who want to protect the rights of the parents.

    We poor Theologians just don’t know which God to pray to.:p
  • Jan 7, 2008, 03:36 PM
    Skell
    Quote:

    Originally Posted by ScottGem

    Would arming oneself have prevented or solved this incident. NO!!! it would have just exacerbated it, potentially resulting in someone getting seriously injured or dead.

    Completely agree Scott. NO WAY!

    We don't have Second Amendment laws where I'm from and this thing doesn't happen.
  • Jan 7, 2008, 03:37 PM
    Skell
    Quote:

    Originally Posted by kindj
    Can you imagine where we'd be if there WERE NO Second Amendment? This kind of stuff would be happening with utter impunity and absolutely zero recourse.

    It doesn't where I'm from. Id be saddened to think that it would where you are too!
  • Jan 7, 2008, 03:55 PM
    speechlesstx
    Quote:

    I have yet to hear anyone on the left or right ‘advocating the erosion of parental rights.’ Might I remind you that those words are an “interpretation?”
    Of course not, few would be so bold as to come right out and say so, but every expansion of confidential services directly to children, such as health and contraception services, is one more step in that direction. But some are so bold...

    Quote:

    Another judge in Massachusetts has ruled against parental input regarding the education of their own children, this time deciding that a district's special education program for a 13-year-old can move forward even though his parents refused to sign an authorization for the additional monitoring and counseling.

    As WND reported, it was a year ago when U.S. District Judge Mark L. Wolf of Massachusetts dismissed a civil rights lawsuit by a parent, concluding it is reasonable, indeed there is an obligation, for public schools to teach young children to accept and endorse homosexuality.

    That case, involving parent David Parker, recently was argued on appeal of Wolf's decision, which essentially adopted the reasoning in a brief submitted by several homosexual-advocacy groups. They said "the rights of religious freedom and parental control over the upbringing of children … would undermine teaching and learning…"
    The actual quote:

    Quote:

    “the scope of the rights of religious freedom and parental control over the upbringing of children, as asserted by the plaintiffs, would undermine teaching and learning in the Lexington public schools.”
    This is based on the UN Convention on the Rights of the Child's assertion that parents are a good thing, but "the best interest of the child" is what matters. Sure it matters, but the problem is, who is better at deciding what's best for the child and what is the standard?

    I've already pointed out that Planned Parenthood makes a show of support for parental involvement but makes no bones about fighting consent laws and advocates naming siblings, aunts, uncles, clergy or apparently just about anyone if a child wants their services and needs consent.

    Quote:

    Were it that the whole of parental neglect and abuse was as minuscule as those who invoke payer for medicine- would there even be an erosion of parental rights…I don’t think so. On that basis it could be argued that it is the Left who want to protect the rights of children and the Right who want to protect the rights of the parents.
    Personally, I'm for protecting both children and parental rights.
  • Jan 7, 2008, 04:01 PM
    Fr_Chuck
    That is of course why I am glad we are in the US and follow the US constitution, not UN Law.

    And of course planned Parenthood is a sad excuse hiding behind its name to be not much more than a abortion mill. Breaking the laws of states, giving abortions to under age children, arranging for children to be taken across state lines and more. They are the last place I would ever recommend anyone to go.

    But yes in the us, school boards and states are violating the rights of parents , esp those of home school almost on a daily basis. That is way many home school families all belong to a legal support group. I would perosnally advice any home school parent to belong to this, so they have legal defense when the state knocks at their doors.

    https://hslda.org/Default.asp?bhcp=1
  • Jan 7, 2008, 04:10 PM
    ScottGem
    Quote:

    Originally Posted by kindj
    I agree. However, their alleged "irresponsibility" was somewhat countered by a) the man's experience with dealing with injured folks before; and b) the fact that as a parent of multiple children before this one, he (as do I and all other parents) have a degree of learned sense about what constitutes a serious enough injury for an ER visit and what doesn't. Not all the time, but enough of the time.

    But were the authorities aware of his experience? Did he try explaining when they first came to talk to the child. There have been a few cases of parents refusing medical treatment for injured kids because of religious beliefs or fear of government, etc.

    What it comes down to is do we risk the life of a child to protect the rights of parents? I would rather err on the side of the child.
  • Jan 8, 2008, 05:19 AM
    excon
    Hello:

    I'm bothered too, by the Gestapo tactics of the cops. However, it doesn't END where YOU'D like it to end.

    Of course, right wingers think that if a social agency interferes with parenting, it's not good. However, they don't seem to mind when a police agency does.

    A 12 year old boy is going to be tried as an adult in Florida.

    I don't understand how right wingers can want a smaller government, but a bigger police force. To me, they're the same.

    If you give the state the authority to try YOUR child as an adult, then I suggest you also tacitly give them authority over YOUR child's health care too.

    excon
  • Jan 8, 2008, 05:32 AM
    NeedKarma
    Quote:

    Originally Posted by Fr_Chuck
    That is of course why I am glad we are in the US and follow the US constitution, not UN Law.

    That's funny, what I took from the OP is "Thank god I *don't* live in the US." :)
  • Jan 8, 2008, 05:51 AM
    tomder55
    Ex

    Quote:

    "We don't think a child of 13 should be held responsible as a man of 23. That's true for most people, but black males age 13 who have been raised on the streets and who have joined criminal gangs are as big, strong, tough, scary and culpable as any adult and should be treated as such."
    [Ron Paul 1992 ]
  • Jan 8, 2008, 06:15 AM
    excon
    Hello tom:

    I don't know. I've never thought of myself as a lockstep kind of guy. Actually, I think the world should be moving in lockstep with ME - not the other way around.

    Are you trying to say that because I like Ron Paul and he disagrees with me, then I must wrong?? That's typical right wing wrongheaded thinking.

    excon
  • Jan 8, 2008, 08:00 AM
    tomder55
    Al-AP reports that the kid had according to the caseworkers had a "huge hematoma" and a sluggish pupil. A doctor examined him, and told him to drink some fluids and take a Tylenol. So bottom line the father was right. Use of a SWAT team because the father is a "self-proclaimed constitutionalist" is troubling . The show of force as stated by the Sheriff was more about Shiflet's political beliefs than his child's welfare.
  • Jan 8, 2008, 08:03 AM
    speechlesstx
    Quote:

    Originally Posted by excon
    A 12 year old boy is going to be tried as an adult in Florida.

    If you're referring to this story, that's apparently yet to be decided.

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