Posted by Sad Mom on 12/03/06

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I have a daughter that is in her teen years that has been
struggling with mental illness issues for several years
now. She had an outburst that ended up with my hand in
her mouth and me restraining her other arm so she could
not continue to hit me. I instructed her to quit biting
me or I would bite back, my mouth was the only part that I
could use at the moment. She would not release and I bit
her to get her to release me. I was charged with 5th
degree assalt.

While I was being detained by an officer, my daughter and
a female officer entered my locked bedroom without mine or
the other lease holders permission. While in my bedroom
the officer proceeded to go through my closet, dresser,
nightstands, purses, shoes, luggage, under the bed, ect.
While conducting the search the officer recovered a small
amount of marijuana.

My two daughters were sent to 72 hour protective foster
care by the officers.

I was taken to the local ER to be checked out and treated
for an anxiety attack. While at the hospital I supmitted
to my physican for blood work and urinallisis... I have
some health issues and I thought my health information
would be private to me, other than informing the officer I
was ok to be released to custody. The attending physican
released my medical information and test results to the
arresting officer and he used this information against me
in the police report.

Social services is now using this information against me
and trying to take my two daughters perminantly from me.
I have no prior record, I haven't even had a moving
violation in 20 years. Shouldn't this information be
struck from the record since it was not a legal search of
my home and that I did not sign anything allowing my
health records to be released to the officer? I was
charged with a 5th degree assalt, which is a mistameaner.
I have not been charged with any other crimes. Is there
any recourse to the actions of the officers, physican or
hospital? This ordeal has been horrible on my children
and myself. My children are still out of the home, my
youngest is staying with her father and my teen is stuck
in foster care he**. I think she has the worst case
worker ever. My daughter struggles with depression and
her case worker informed her that at the bare minimum she
would be in foster care for six months, if not until she
turned 18.

I am not a bad mom, I love my kids more than anything in
this world. I am very active with my children. My friends
tease me about getting a life outside of the home because
I rarely go out.

Re: were my rights violated?, 12/05/06, by A law student not an attorney.

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