Darrell Ehrlick : “Glasgow couple sues CPS for deceiving court”

By | May 22, 2024

1. Lawsuit filed against Glasgow CPS for alleged court deception
2. Glasgow couple takes legal action against CPS for misleading court.

Accident – Death – Obituary News :

The Kolstad family from Glasgow has taken legal action against the Montana Department of Public Health and Human Services (DPHHS) for alleged civil rights violations. The lawsuit, filed in federal court in Billings, accuses DPHHS social workers Cyndi Baillargeon and Crystal Whitmore of removing their child without due process and a warrant, as well as infringing on their religious freedoms.

identified as “H.K.” in court documents, the teenager in question expressed a desire to transition to a male gender identity, which the Kolstads opposed based on their religious beliefs. When H.K. exhibited suicidal behaviour, they were admitted to a hospital for psychiatric care, awaiting transfer to a psychiatric facility. The Kolstads objected to out-of-state placement, fearing that medical professionals elsewhere would support the transition process, which they believed was prohibited by Montana law.

Allegations and Responses

The lawsuit claims that DPHHS, through Baillargeon and Whitmore, violated the Kolstads’ due process rights and misled the court. They argue that the state workers unlawfully removed the child without a judge’s warrant. In response, the state cited concerns for H.K.’s safety, following an incident where the teenager claimed to have ingested harmful substances.

Court documents also reveal a dispute over the choice of psychiatric care facility, with the Kolstads advocating for in-state treatment while the state opted for a facility in Wyoming. The Kolstads objected to the provision of gender-affirming items at the facility, such as male clothing and chest binders, which conflicted with their beliefs.

Legal Arguments

Attorney Matthew Monforton, representing the Kolstads, contends that the seizure of H.K. was unjustified, as the teenager was not in immediate danger when taken into custody. Monforton highlights the Kolstads’ religious objections to medical procedures as a crucial factor in the case. He emphasises the necessity of parental consent for essential medical interventions, arguing that the state failed to meet the legal threshold for removing the child without a warrant.

Despite these arguments, Valley County District Court Judge Yvonne Laird criticised the Kolstads for prioritising the issue of gender identity over addressing the underlying family dynamics contributing to H.K.’s mental health struggles. The judge’s remarks have been challenged by Monforton, who asserts that the Kolstads were supportive of psychiatric care but opposed gender transition based on their religious convictions.

Conclusion

The legal battle between the Kolstad family and DPHHS underscores the complex intersection of parental rights, religious beliefs, and child welfare. As the case unfolds in federal court, it raises important questions about the balance between safeguarding minors’ well-being and respecting familial autonomy in matters of medical treatment and gender identity.

Darrell Ehrlick is the editor-in-chief of the Daily Montanan, a nonprofit newsroom.

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“glasgow couple sue child protective services for deceiving court”.

   

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