GUILTY MI - Joshua Burns for child abuse, Brighton, 2015

Snoods

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This is a really interesting case. In a nutshell, Mom and Dad take baby Naomi to the hospital after she allegedly fell off her father's knee and was injured. Dad is convicted of child abuse, Mom is cleared. Dad will be sentenced on March 19th. In the meantime, Mom moves away with Naomi and refuses to give her current address to CPS because she is afraid CPS may want to remove Naomi again. CPS is afraid that Dad will have access to Naomi and also want to continue with home visits.

The mother at the center of a year-long child abuse case in Michigan is now being petitioned by the court to provide information on her whereabouts, despite charges against her being dropped. “It’s a bogus, coercive petition” that amounts to “social-worker terrorism,” Elizabeth Warner, attorney for mom Brenda Burns, tells Yahoo Parenting. “CPS does this — holds a child hostage — in order to get parents to comply with their wishes.”

It all began in March 2014, when baby Naomi, then two months old, allegedly fell off her father Josh’s knee, hitting her head on the floor. The fall resulted in a bruised cheek, but when Naomi began projectile vomiting the next day, her parents took her to the emergency room. That began a near two-week stay in the hospital during which time doctors witnessed seizures, retinal hemorrhaging, and ran a battery of tests on Naomi, according to a timeline of events on the Burns’s website, TornFamily.com.

As a result, Naomi was placed into foster care and there were two trials — a family court trial, which found that Brenda was not responsible for Naomi’s injuries but that Josh was, and a separate criminal trial, in which a jury convicted Josh of abuse. The dad says he’s not seen his daughter for a year and now faces up to 10 years in prison; he will be sentenced on March 19. In the meantime, CPS is demanding that Brenda tell them where she and Naomi are living.

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Much more at links:
https://www.yahoo.com/parenting/mom-and-baby-move-to-secret-location-after-113356709152.html

http://www.wxyz.com/news/local-news...aby-after-cps-continues-to-demand-home-visits
 
This is a really interesting case. In a nutshell, Mom and Dad take baby Naomi to the hospital after she allegedly fell off her father's knee and was injured. Dad is convicted of child abuse, Mom is cleared. Dad will be sentenced on March 19th. In the meantime, Mom moves away with Naomi and refuses to give her current address to CPS because she is afraid CPS may want to remove Naomi again. CPS is afraid that Dad will have access to Naomi and also want to continue with home visits.







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2na47pi.jpg


Much more at links:
https://www.yahoo.com/parenting/mom-and-baby-move-to-secret-location-after-113356709152.html

http://www.wxyz.com/news/local-news...aby-after-cps-continues-to-demand-home-visits

I wonder if the mom's attorney is associated with Liberty U. They have at least one other case in which a child disappeared with a parent that they were defending (and is still out of the country, I do believe). There is some reason to suspect that Liberty is actually training family practice attorneys to help clients evade laws as they believe it is warranted.
 
That's interesting, Margo. Which case is that, do you remember?
 
Dad is in jail, correct?
How would he have access to the baby if he is facing 10 years?
Is there some other reason they need to know where she is living?
 
How do they know Dad abused the baby? Could she have just fallen from his lap or was it ongoing?
 
It sounds like the injury was a bit too severe for a fall...
Many babies get dropped or fall off beds without injury.
Sounds like the story didn't match the evidence. :twocents:
 
But all people are created individually. And what may be seen as the "normal" injury for that type of fall, May not be normal for this child. I would have looked for other bone or soft tissue injuries, which I assume the hospital doctors did. Sometimes an accident is an accident. It is odd that they may put a pilot in jail but still need the child from the non-charged, non-accused mother. Government equals power-hungry.
 
This is a really interesting case. In a nutshell, Mom and Dad take baby Naomi to the hospital after she allegedly fell off her father's knee and was injured. Dad is convicted of child abuse, Mom is cleared. Dad will be sentenced on March 19th. In the meantime, Mom moves away with Naomi and refuses to give her current address to CPS because she is afraid CPS may want to remove Naomi again. CPS is afraid that Dad will have access to Naomi and also want to continue with home visits.

2zdu2yc.jpg


2na47pi.jpg


Much more at links:
https://www.yahoo.com/parenting/mom-and-baby-move-to-secret-location-after-113356709152.html

http://www.wxyz.com/news/local-news...aby-after-cps-continues-to-demand-home-visits

I have to wonder why a 2-month old baby was on anybody's knee.
 
Two different states, so under different laws. Chances are any holding by a federal court in the Tennessee case will be so narrow, it won't apply to other cases.

International parental kidnapping is a federal crime. But within the U.S., a custodial parent should be able to take her child wherever she wants.

JMO
 
Dad is in jail, correct?
How would he have access to the baby if he is facing 10 years?
Is there some other reason they need to know where she is living?

Dad won't be sentenced until the 19th and because Mom thinks Dad is innocent, CPS is afraid Dad will be around Naomi.

CPS filed a petition with the court demanding Mom provide them with Naomi's new address, but her lawyer says she was cleared of all charges and she should not need to give them her address.

I have to wonder why a 2-month old baby was on anybody's knee.

Yes, I question this as well. A 2-month-old would need full neck and back support to be joggling on someone's knee. It's been a while since I've had a baby, but I believe this would take two hands. It does seem suspect that she slipped out of his grasp that easily, it's not like they're wiggling around that much.

But who knows? Is it possible for a baby to sustain those types of injuries (including retinal hemorrhaging) from a fall off a knee? The parents claim she received that injury from a difficult C-section birth, but the jury apparently didn't believe that.
 
Dad won't be sentenced until the 19th and because Mom thinks Dad is innocent, CPS is afraid Dad will be around Naomi.

CPS filed a petition with the court demanding Mom provide them with Naomi's new address, but her lawyer says she was cleared of all charges and she should not need to give them her address.



Yes, I question this as well. A 2-month-old would need full neck and back support to be joggling on someone's knee. It's been a while since I've had a baby, but I believe this would take two hands. It does seem suspect that she slipped out of his grasp that easily, it's not like they're wiggling around that much.

But who knows? Is it possible for a baby to sustain those types of injuries (including retinal hemorrhaging) from a fall off a knee? The parents claim she received that injury from a difficult C-section birth, but the jury apparently didn't believe that.

Link for ^^:
On the website, it is explained that Naomi was born in January 2014 "through a traumatic birth that started with four hours of pushing, followed by several failed attempts at vacuum extraction" and an emergency cesarean section. The website says that traumatic birth left her with "unforeseen health issues that would later cause serious problems."
http://www.freep.com/story/news/local/michigan/2015/03/09/father-child-abuse/24635949/

Also: all about DAD: MSM: http://www.freep.com/story/news/loc...other-child-abuse-hiding-livingston/24553953/

Court documents confirm the officers were on scene because they found Joshua Burns has two outstanding warrants from El Paso County in Colorado.
A clerk at El Paso County court said Friday that records show one warrant for Joshua Burns dating back to February 1998 for failure to appear on a harassment charge.

Mom, Brenda, full supports her husband.
 
If the mother was cleared of any wrongdoing and was given the baby back, I see no reason for CPS to continue their probe into the mother and child. I tend to agree with the attorney on the way CPS operates and their intrusive approach. Surely there are other family members who are aware of the situation and have access to the child that would call authorities if something seemed out of place or if the father tried to visit. CPS is overstepping their authority, imo.
 
Side note:

I think we all know that the Adam Walsh act enabled states to require Sex OFFENDERS to register. Part of the Adam Walsh Child Protection and SAFETY ACT also included those that ABUSE and NEGLECT need to register also and also includes FOSTER CARE.

Because Brenda Burns supports her convicted husband, Joshua Q. Burns, she needs to register ... even though she was not THERE when the infant was abused.

Elizabeth Warner, Joshua Q. Burns attorney of record, has led the charge to overturn/reduce the registry in MI
http://www.mlive.com/news/grand-rapids/index.ssf/2012/10/parents_protest_placement_on_s.html

ETA: Adam Walsh FEDERAL Act:

http://www.hunter.cuny.edu/socwork/nrcfcpp/downloads/policy-issues/State_Child_Abuse_Registries.pdf
 
If the mother was cleared of any wrongdoing and was given the baby back, I see no reason for CPS to continue their probe into the mother and child. I tend to agree with the attorney on the way CPS operates and their intrusive approach. Surely there are other family members who are aware of the situation and have access to the child that would call authorities if something seemed out of place or if the father tried to visit. CPS is overstepping their authority, imo.

NOT the way it works with CPS. As an EX Cps worker, I speak for my own self and not from authority any longer. MOM, supports her convicted/not sentenced husband. Therein lies the problem by LAW. State (weak in MI) but strong Federal Law.
JMO

ETA: This is a great case of damned if you do, damned if you don't. LOOK at all the cases here on WS where folks are crying out ... "why didn't CPS DO something" or "CPS overstepped". Take your pick?

Good night/over and out of this case. :seeya: Love you all.
 
Dad won't be sentenced until the 19th and because Mom thinks Dad is innocent, CPS is afraid Dad will be around Naomi.

CPS filed a petition with the court demanding Mom provide them with Naomi's new address, but her lawyer says she was cleared of all charges and she should not need to give them her address.



Yes, I question this as well. A 2-month-old would need full neck and back support to be joggling on someone's knee. It's been a while since I've had a baby, but I believe this would take two hands. It does seem suspect that she slipped out of his grasp that easily, it's not like they're wiggling around that much.

But who knows? Is it possible for a baby to sustain those types of injuries (including retinal hemorrhaging) from a fall off a knee? The parents claim she received that injury from a difficult C-section birth, but the jury apparently didn't believe that.

Sorry about that, Ransom! Below are the links for my quoted post above. Anything in my post that is not linked is IMO.

For the criminal trial, various experts testified on behalf of the Burns’s that the bleeding inside Naomi’s head happened at birth and was caused by trauma during what had been difficult cesarean-section delivery.

But, according to the prosecution’s expert testimony, Dr. Bethany Mohr of C.S. Mott Children’s Hospital of the University of Michigan Health System disagreed, noting that “Naomi’s hemorrhages are most suspicious for physical abuse” in a medical document posted on the Burns family website. Mohr concluded, in another posted document, that “Naomi is at risk of further harm, possibly more serious harm, in the environment in which the abuse occurred.”

The dad says he’s not seen his daughter for a year and now faces up to 10 years in prison; he will be sentenced on March 19. In the meantime, CPS is demanding that Brenda tell them where she and Naomi are living.

https://www.yahoo.com/parenting/mom-and-baby-move-to-secret-location-after-113356709152.html

But now CPS has filed a new court petition against Brenda, demanding that she provide them with Naomi’s new address.

“Does she have to do that,” asked Catallo.

“No,” said Warner. “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.”

http://www.wxyz.com/news/local-news...aby-after-cps-continues-to-demand-home-visits
 
If the mother was cleared of any wrongdoing and was given the baby back, I see no reason for CPS to continue their probe into the mother and child. I tend to agree with the attorney on the way CPS operates and their intrusive approach. Surely there are other family members who are aware of the situation and have access to the child that would call authorities if something seemed out of place or if the father tried to visit. CPS is overstepping their authority, imo.

So CPS is dammed if they do and dammed if they Don't. My only concern would be the baby!.

If I had nothing to do with abuse of my baby I would welcome any and all surprise checks
from CPS. If I had any knowledge of my husband dropping my baby from his knee. I personally
wouldn't want him around anyway. I don't need an idiot in my life. JMO
 
He grabbed her face to stop her from falling? C'mon...

Joshua Burns maintains that he did not harm his daughter. He testified at his criminal trial that he grabbed Naomi's face to stop her fall when she slipped from his grasp after he ended a phone call from his wife in March 2014. Brenda Burns was not home at the time of the incident.

I can see why the jury convicted him.

The prosecution says that following that incident, Naomi suffered seizures, hypothermia, hypotension, bradycardia, apnea and retinal hemorrhages, which led to multiple visits to the emergency room.

So they didn't show up for the hearing??? That's telling. I hope they're keeping track of his whereabouts, they may be a flight risk.

http://www.freep.com/story/news/loc...other-child-abuse-hiding-livingston/24553953/
 

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