CHANDLER (CNN) -- After a SWAT team broke open a door to take an unvaccinated 2-year-old boy with a fever to the hospital, an Arizona lawmaker is calling for a review of police and child protective services procedures.

"I want to sit down with stakeholders about this," said state Rep. Kelly Townsend. "That was excessive. It's a scary thing."

The incident took place last month when a couple would not take their sick child to the hospital and they refused to let police check the child's welfare after a doctor reported them, according to the Chandler Police Department.

[ORIGINAL STORY: Chandler police remove kids from home after sick child not taken to hospital]

An Arizona law allows officials to take custody of a child for his or her safety and gives police the ability to "use reasonable force to enter any building" to do so.

Townsend, who helped craft legislation requiring officials to obtain a warrant before removing a child from a home, is questioning whether police used excessive force.

"This case is frightening," she said. "If you make the parental decision to wait 'til the morning to get medical care, you risk losing your child."

The boy's parents, Sarah Beck and Brooks Bryce, have each been charged with a count of child abuse, the Chandler Police Department said Thursday. 

Beck's attorney, Nicholas Boca, said the incident was unnecessary and was traumatic for the children and the parents.

"This type of force should be reserved for violent criminals, not a house filled with young sleeping children," he said.

He also described his client as a loving and attentive mother who has always cared for her children "appropriately."

"Mother (Beck) has a fundamental, constitutionally protected right to the care, custody, and management of her children," Boca said. "These rights do not evaporate simply because the Department of Child Safety believes they know better.

CNN has attempted to reach Bryce.

Mother was worried about going to hospital

Beck took the toddler to the Southwest College of Naturopathic Medicine on February 25. The boy was suffering several symptoms, including a high fever, according to police documents.

A doctor who treated him encouraged Beck to take her son to a nearby children's hospital for further testing and treatment, as the boy could have a life-threatening illness.

The doctor said Beck was hesitant because the child was not vaccinated and she feared the emergency room employees would report her to the Arizona Department of Child Safety, a police report said.

It's unclear why the child was not vaccinated.

She agreed to take her son to the hospital after the doctor confirmed with the emergency room that they would not report her to DCS over a nonvaccinated child, the report said.

Later that day, the doctor found out the toddler never made it to the hospital and called DCS, which requested a welfare check from the Chandler Police Department.

A spokesman with the Arizona Department of Child Safety wouldn't discuss the toddler's case due to confidentiality laws.

The Southwest College of Naturopathic Medicine refused to comment on the case, also citing privacy laws.

"SCNM fully supports our doctors as they treat patients in accordance with federal and Arizona law," said Jeff Morrow, the school's director of marketing & communications.

About five hours after Beck and the toddler visited the clinic, police were dispatched to her home.

Other children were likely sick

When officers arrived at the family's home, the boy's parents would not let them check on the toddler.

The Chandler Police Department released body cam video of the incident on Thursday, March 28.

[WATCH: Body cam video of police removing sick children from Chandler home]

For over two hours, officers made numerous attempts to negotiate with them "through doors, through windows, by telephone, and with assistance of neighbors," a police report said.

Both parents briefly talked to police over the phone. When Bryce talked with an officer, he asked them to stop knocking on the front door, saying he would not be forced to take the child to the hospital and get a "three grand" bill, the document states.

He noted he had checked the toddler's temperature and he was fine, police said.

Officers forced open the home's door, police said, after they got a court order for the temporary custody of the toddler to give him medical attention.

The toddler and two other children, ages 4 and 6, were taken to the hospital and authorities took custody of them. Police said the three children were suffering from similar symptoms, including vomiting.

As officers walked inside the home, they saw piles of clothes, items scattered around the floor that made it difficult to walk around and stains from what appeared to be vomit in the children's beds. They also found an unlocked shotgun lying next to the bed in the parents' bedroom, the report said.

After the incident, the police report said, Bryce told officers he had not gone outside the house because two of the children were sick. He also said he was not aware that police or DCS were responsible to check on children once a doctor makes a report.

 


Copyright 2019 KPHO/KTVK (KPHO Broadcasting Corporation). All rights reserved.

 

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(19) comments

Bo knows

ok politicians dont come thru on their policys and are controlled by corporations so great answer those lazy spoiled baby boomers use to do something oh yes it was called protests it only stopped the vietnam war and for usa being 1940s germany not yet but very close whats wrong with being a rebel george washignton was a rebel our country was founded on it. lets see theirs a million doctors in each state and half of them got their degree in india and china for 5 grand, the same doctors who gave our kids adderal/ritalin to children without child testing, oh and prescribe antidepresents to everyone then these ppl die everyday and they are a drug that was created with absolulty no purpose. The government and their acts n workarounds have loopholed their way around most of our constitutional rights at a point when is enough enough

Bo knows

G

jaginphx

These idiot parents are the result of your typical baby boomer parents... Boomers lived an entitled life handed to them on a silver platter by their parents and now they dare to complain about the worthless children they raised. Baby boomers are the worst generation this country has ever seen!

ObeyLaws

Police/Child Services are "damned if they do, damned if they don't." Can you imagine the public outcry had they had not acted and this child had died?? They do take action and ignorant people criticize them and accuse them of Getapo tactics. You should NEVER wonder WHY police HATE the public...

Stiller

Townsend has no clue how the system works. She changed the temporary custody law and actual made it worse for the entire system - DCS, police, and judges. When parents ignore doctors advice there child has a life threatening illness and dumb enough disregard to disregard recommations, then other people have to make those decisions for stupid people. If Townsend want to get with the stakeholders, maybe she should’ve done that when she changed the law. Townsend is a moron.

Dean

This is more than excessive, it is what life was like in 1930's Germany and Russia, and of course what is coming here if the socialists (democrats) win any more political offices.

Hmmm

An unvaccinated sick child taken to a family practice physician for and illness and referred to a higher level of care, children’s hospital. Family more concerned of being reported to APS and disregards the advice despite the Dr’s office confirmation of no APS reporting due to immunization status. Family disregarded medical advice and returned home. Dr’s office reports to APS out of concern for child’s wellbeing as per law. Police conduct welfare check and parents are non compliant with officers requests to confirm child’s welfare over 2 hours period. Police required to get a judges order to obtain entry and served notice to parents who still refused entry. Police forced to breach door to gain entry and find an additional 2 more ill children and evidence of nausea and vomiting. Children are removed from residents and transported for medical care. That’s how the system works. The situation could easily have been resolved if the patents would have allowed the children’s safety to been confirmed. Good job by the Drs office and CPD.

GBfan4life

hmmm

LaffyTaffy

Excessive? It wouldn’t have gotten that far if the kids idiot parents weren’t so thick skulled. The officer tried repeatedly to get them to come out to talk and the father says “no thanks”. For all the police know the child could have already been dead, they had a duty to ensure the child was okay and would receive medical care if needed. What? Are the police supposed to just take the parents word for it? If they did and the kid ended up dead, then what? Look at the bigger picture here people, when it comes down to it all it wasn’t their anti-vax or messy house, it was their complete disregard for their child’s health and safety and those doing their duty to check on that child.

MyOwnMind

All these experts commenting. What's your source for the whole truth? The paper? If so you're more stupid that you sound

PplRIgnorant

Good job Chandler PD! Apparently these parents were willing to ignore the fact that they were told the child possibly had a "life threatening illness" and Dad was too worried about the bill! You may very well have saved 3 children's lives!!![thumbup]

Careman

Kelly, this is scary that people are willing to risk his life when multiple doctors know better. Send them to jail and take all their kids.

DeanD

While not mentioned in this article, in previous articles about this the parents stated that the child's fever had broken. Also, if the doctor(s) were so worried about the welfare of the child, why didn't they provide any treatment at their office or call an ambulance? What is scary is your rush to judgement without knowing all the facts.

LaffyTaffy

The child’s fever was never proven to be broken and was claimed to have gone down by the parents. Given how the father responded on the phone, talking about the hospital bill, and claiming the child was okay but refusing to let the police see them or the kids, we don’t know if they were lying. They made the natropath call the ER to make sure they wouldn’t be arrested for not vaccinating, they’re clearly paranoid and care more about themselves than their sick child.

DeanD

So you are assuming the parents are lying? They cared about themselves so much over their child they didn't even take the child to the doctor to begin with. Oh wait, they did. Must be so easy to go through life being psychic knowing when people are lying or not from a news report. Why hasn't the FBI hired you yet?

LaffyTaffy

RE: your most recent comment (reply button was missing)

I’m not assuming anything. Given the facts, we have no idea if the parents are lying or not because they refused to cooperate. I never once said they were lying I said there’s no proof, and the police can’t just take people’s word. The parents took the kid to a naturopath but yet when they were urged to seek emergency medical care they didn’t, even after having their fears put to ease. Not sure how that seems like the responsible parenting in your eyes because it’s not. The police had to follow up on the report and part of that is checking on the child’s wellbeing by actually seeing the child, they gave them plenty of chances to come out and sort it out and they refused so they had their door broken and kids taken. It wasn’t a surprise either they told the father what was going to happen...seriously, what parent would even risk that?


What would your reaction be if the police left them alone, and the child ended up dead? You think that’s way out of the realm of possibility? Must be so easy to go through life being psychic knowing when people are truthful or not from a news report. Why hasn’t the FBI hired you yet?

Les

This is appalling. Welcome to the soviet state of Arizona.
If these cops, in a SWAT team (!!!!) will do this to citizens over an ostensibly ill child, how will they behave if they get an order to go door-to-door confiscating Americans' weapons? (as could happen with so-called 'red flag' laws)
Unless this gestapo-like behavior is truly stopped, a civil war won't be surprising.

LaffyTaffy

Really? Soviet state? The door wouldn’t have been kicked in if the parents came to the door, the officers had to do a welfare check and for all they know the child could have been dead already. If you are a good parent who wants nothing but the best for you child, you will set aside your paranoia and cooperate. All they had to do was take the child’s temperature and show the police, instead the father mentioned the ER bill and continuously refused to work with the officer. If the police took the parents word for it and the child ended up dead, what would your reaction be then? F*** the police, they should have done their job? Or would it still be nonchalant and the attitude it was just an ill child, no biggie?

Mark G

"...Unless this gestapo-like behavior is truly stopped, a civil war won't be surprising".

.. Oh, I beg to differ, it would be Extremely surprising. ...I say that, because all these “gimmie what I want!! ...or there’ll be a war!!! ...(please)” toy-soldier types, have proven themselves unable to organize an overnight camping trip to a state park, let alone a ”war”.

Hey! ... How’bout this, instead? ... How’bout, If you want change, how about you pay attention and vote wisely? Try that! ...And if a person can’t even be bothered to do that ..If people can’t even be bothered to do a simple thing like vote responsibly for sensible and sane government policies and practices? ..then the idea of that sort of person? putting any REAL skin in the game? simply put? ...is pure parody.

It’s laughable

Sorry to burst your bubble. The whole concept of a person like that “rising up”, is just ridiculous.

... If anybody needs clarification on these (dis)organized militia fruitcakes and their civil war fantasies, feel free to Google that Ammon Bundy clown-show... I personally found that whole fiasco especially hilarious since the first thing Bundy did after nobody could be bothered to "rise up", when he told them to, was take to the air to beg for handouts. And when none of the “millions” of like-minded types could be bothered to donate even a packet of hot-dogs “to support the cause”, Bundy jumped his own borders to beg for handouts in the next town over..

Now.. :0) ...What does that remind you of? ...That’s right.. these nutjobs have proven themselves to be everything they love to whinge about.

So don’t put any faith in That type “rising up” for a cause.

Ain’t ever gonna happen. ;0) ...As a breed, they're just too selfish.

So, instead of spouting off about all that "civil war" BS, try voting sensibly instead. Try that! ;0)

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