By TLB Contributor: Melissa Diegel
What you are about to read is an example of an American nightmare … multiple children stolen by the government either for federal funding or for a clinical trial.
As pictured above The Diegel Sisters are two medically fragile girls who were placed into the CPS system under the guise of the state of Arizona and Phoenix Children’s Hospital all so that Big Pharma could line their pockets.
The mother of these two precious girls has not been allowed access to any current evidence as there are restrictions and stipulations which have been put over her and the father that are so ridiculous and strict that even a person with no knowledge of the law would question why such stipulations would be put in place.
The state wants a Private Investigative firm to oversee the mother and father every second they are with the medical records, but they are only willing to consent to release the records they feel are relevant. Sound suspicious? In addition, after the trial is over the documents, as written in this suspicious contract, the parents would not agree to sign, would seem to disappear as the state has said they will no longer pay for the PI firm and the parents would no longer have access to them.
They are unable to touch the records, have been denied to even receive any of their own wanted or needed medical records in order to properly prepare for trial, including Phoenix Children’s Hospital records, prescriptions and insurance records and more.
I need to make it clear here, it is the law and the right of the parents for them to be able to receive these records, so for them to be denied this right is ludicrous.
This also makes it very hard to properly prepare a defense against the erroneous claims and false accusations from Phoenix Children’s Hospital and the (GI doctor,) who coincidentally claimed medical abuse against the parents just 1 1/2 week after the GI Dr. was fired. Stating the parents initiated and wanted all of their children’s medical procedures and made the doctors do it.
Did the parents MAKE the doctors bill the parents over a million dollars? Did the parents MAKE the hospital bill for Muscular Dystrophy? WHY on earth would they do that?
The following photograph shows a “Billing record and the CPT code” mom received from the girls primary insurance company Cigna, on March 17th 2015 after several phone calls and mail correspondences begging them to release the girls records.
Judge Orders the Release of Medical Records But The State Will Not Comply
On July 8th 2014 Judge L.F ordered that the state was required to release all the medical documents within 10 days to all the parties involved but the state did not comply. In fact, the judge was immediately kicked of the bench by the GAL.
It was not until April 3rd of 2015 that the state brought in the Private investigative firm and decided to release minimal records. They tried to threaten and intimidate the parents into signing a contract. Neither parent would sign or agree to these terms. Mother fired her attorney, but the judge would not let her withdraw until the contract was signed. Both Mother and fathers lawyer were coerced into signing the contract against their clients will.
Under the code of federal regulation 46.116 wards of the state can be entered into clinical trials and the Diegel Sisters happened to have a very unique and rare genetic medical condition. It just takes one representative to sign off to be entered into the clinical trial, could the Guardian ad Litum be their legal representative?
Both girls were 100% feeding tube dependent and relied on their liquid nutrition to receive the right nutrients to survive. As seen her the GI doctor experimented with Kayla’s Body by forcefully removing her nutrition:
In the States Care Deprived of her Nutrition
The following is an excerpt from the foster care review board stating “the board is concerned about the health and well being of Kayla and Hannah.”
The state created numerous lies and threats to keep the girls in the system:
The state became so irate at the mother that they threatened the mother with incarceration, filed for severance and took away all visits. The mother broke the GAG Order …
The mother continued to try and fight the battle in court and filed 40 motions. Despite filing contempt charges against the state for not releasing the records, which was denied by the state and JUDGE, The parents felt helpless as most due after being charged $55,000 in private attorneys fees. The state refused to release ANY new records until April 3rd 2015 but only under the guise of a private investigative firm with a P.I. looking over the mom and dads shoulder. They also refused to release the records that the parents were asking for as seen below.
Here are a few of the things the mother asked for:
REQUEST NO. 1: All Medical documents in the departments possession, including but not limited to all real actual imaging x-rays, reports, notes, imaging, charts, receipts, micro fishier, discs, audio, video, imaging, films, call logs, nursing notes, interviews, and any and all information pertaining to the Diegel sisters and this case. We are asking for full disclosure and discovery of all medical information. (on disk for x-rays is ok for now all angles)
REQUEST NO. 2: Any and all written memorandum, reports, correspondences, documents, photographs, video or audio tapes, or other writings or recordings relating in any way to any and all alleged incidents, complaints including but not limited to the following items:
(a) list of all physical evidence viewed, or photographed;
(b) the results of police examinations, analysis, or tests on all physical evidence;
(c) any and all photographs, tape recordings, videos, movies, diagrams, and memorandum relating to this case ;
(d) any and all general investigative reports, including internal investigations complaints arising out of any alleged incidents;
(e) any and all reports, records, or recordings of radio calls regarding alleged incidents, either prior to, during, or subsequent to any incident;
(f) any and all emergency medical records regarding the treatment of the children at any and all the treating facilities and or hospitals;
(g) and any and all the records from the doctors and hospitals who offered a second opinions along with any test results;
(h) any and all records, or reports made stating the supposed abuse the children incurred regarding the treatment of unnecessary procedures;
(i) any and all written or otherwise recorded statements of civilian or professional witnesses to the alleged incidents;
(j) any and all written or otherwise recorded statements regarding the Diegel case, including the notes taken by any and all interviewers, including but not limited to the visitation supervisors notes, including all internal memos and private correspondences with Brenda Bursch including emails and phone calls;
(k) any and all written or otherwise recorded statements of any police office or other persons who were witnesses to any supposed incidents or any officer that has had any involvement with this case for any reason in any way;
(l) any and all booking sheets relating to this case including but not limited to when the police/ swat team surrounded her house and only her house “handcuffed” Melissa outside her home placing her on the sidewalk, detained her for over an hour and a half without letting her return back to her home when they claimed a burglar broke into her home and searched her home without a warrant. They refused to take her statement. Melissa found upon returning inside her home that her computer had been downloaded. Ironically, this swat team showed up less than 8 hours after Melissa moved her son out of state for his safety so that DCS would not take him. This happened after she had been threatened to shut down her Justice for the Sisters page or else … She was also told by email they were watching her facebook pages.
Before we go any further, Melissa did comply and eliminated her Justice for the Sisters page with over 3000 followers but the threats did not stop. She had too many supporters and the story had spread. A new page was opened up called …
… on her behalf and the supporters grew, that page now stands at nearly 10,000 followers.
(m) any forensic reports
(n) any email correspondences between any state employee, judge, GAL, CASA, regarding this case including but not limited to any assistant, judicial officer, police officer, nurse, or anybody besides the the parents
REQUEST NO. 3: Any and all orders, directives, reports, memorandum, script, rule regulations, guidelines, and summaries issued by the City of Phoenix police department regarding the Diegel’s, including but not limited to the logging of complaints, filing of police reports, probable cause for making an arrest, use of handcuffs and/or force from April 2014 to the present including but not limited to:
(a) Films, filmstrips, tape recordings, and other audio visual material and reports
REQUEST NO. 4: The complete personnel file, including the complete disciplinary record, performance evaluations and psychiatric evaluations for L. T. the case manager.
REQUEST NO. 5: The complete roster of all parties involved with the Diegel case, all DCS workers, employees, school teachers, doctors, nurses and every person that has come into contact with K. and H. Diegel over the last 11 months to current.
REQUEST NO. 6: A DCS organizational chart and such documents that sets forth the chain of command in the Department of Child Safety.
REQUEST NO. 7: 1. A list of the total number of families that appealed over the last 5 years. 2. A list of the number of Arizona families denied the appeals process over the last 5 years once there rights were terminated by DCS. 3. And the percentage that made it to appeals and got their rights back.
REQUEST NO. 8: Any and all DCS manuals, special orders, command/operational memos, policy descriptions, orders, and directives governing the operation of the Department of Child Safety and its workers including, but not limited to the:
1. handling of requests under the Freedom of Information Act, and/or specifics as to how, when, and why information recorded and/or documented, opened up, entered, issued, followed up on, updated or maintained, is or is not to be included, and turned over to the requesting party, as well as appeals relative to these requests.
2. The directors duties, and his handling of both civilians and discipline within the department,
3. how, when, and why complaints and incidents are recorded, logged, investigated, and/or documented, opened up, entered, issued, followed up on, updated or maintained by the director and/or internally.
4. investigating civilian complaints, as well as those made against the department, and/or specifics as to how, when, and why complaints are recorded and/or documented, opened up, entered, issued, followed up on, updated or maintained, and what to include, who to go to- what departments?
5. what about complaints relative to the DCS department and its personnel and internal investigations, what about when abuse is suspected in foster care or by a DCS employee?
6. policies or actions that commenced relative to the Department being notified that Kayla was going 3 days at a time without eating and loosing weight? In addition the 19 days of neglect she suffered under L. T.’s care, what was done?
REQUEST NO. 9: Any and all of DCS’s current rules and regulations, ordinances and or statutes governing or pertaining to the department or its employees, the most up to date and current.
REQUEST NO. 10: Copies of the agenda for all the DCS staff meetings, AAG meetings, director of DCS meetings for the last 5 years.
REQUEST NO. 11: All the hot line dispatch logs printed over the last 5 years.
REQUEST NO. 12: All communication, oral or written, relative to complaints lodged against CPS or the Department of Child Safety or hotline over the last 5 years to Maria Hoffman, the Ombudsman office, OCWI, Ezra Loring, the Department of Economic Security and all other pertinent divisions not named herein but that are interconnected.
REQUEST NO. 13: A list of the employees Greg McKay just fired to call as witnesses, names address and phone #’s.
REQUEST NO. 14: All documents, notes, letters, memos, records of communications, reports, phone tapes, photographs and videos concerning the Diegels case that were written or recorded at any point.
REQUEST NO. 15: All reports made to the police department over the last 5 years in regards to children being abused in foster care or while under the care of the state. Sexually, physically, mentally, emotionally, and then separately how many children have died in Arizona while under the care of CPS/ DCS over the last 5 years? How many of those children were removed from their situation? Were charges pressed against the perpetrator? Were the homes shut down?
REQUEST NO. 16: A five year history on the states contractual services with Brenda Bursch.
REQUEST NO. 17: A five year history on the states contractual services with Phoenix Children’s Hospital.
REQUEST NO. 18: All information pertaining to the filling of the private severance filed on Melissa and Chad Diegel. No information was given to them. Who, what, when, where, what, why?
REQUEST NO. 19: All drug study information the girls may or may not have participated in hidden or unhidden. Disclosed or undisclosed to the state its lawyers, GAL’s case manager or representative.
REQUEST NO. 20: How many children Dr. Siaw has referred to Child protective services and Cooks Children’s Hospital. Call logs from each time Dr. Siaw spoke with Cooks Children’s Hospital.
REQUEST NO. 21: The date when PCH 1st received Cooks medical records.
REQUEST NO. 22: The names of all the people that had gag orders placed on them in regards to my daughters case from the beginning including legislatures, nurses, case managers etc. and why and who requested it and which judge granted it and the reason why?
From day 1 there were gag orders, why?
REQUEST NO. 23: Information regarding Dr. Hurliman, Dr. Siaw, Dr. Philip James pertaining to all drug studies these doctors have been involved with and any pharmaceutical kickbacks they receive or have received over the last 20 years including but not limited to incentives bonuses or scholarships or research grants for any patient they have ever had.
REQUEST NO. 24: A list of all prescriptions prescribed by Phoenix Children’s Hospital since 2007 to current by all Doctors that have been involved with Kayla and Hannah Diegel by whom and what for.
REQUEST NO. 25: All secondary billing charges the girls have been charged by Phoenix Children’s Hospital billed from 2012 to current.
REQUEST NO. 26: Any right offs for grant studies, clinical research trials or drug studies that the girls may or may not have been entered into.
REQUEST NO. 27: The name of any representative that signed consent for a clinical research evaluation, trial, drug trial, for the girls to participate even if under the code of federal regulation.
Everything was DENIED! DENIED! DENIED!
Kayla in the states care. She experienced severe weight loss, developed documented malnutrition and a vitamin deficiency.
Kayla on feeding tube nutrition in the moms care.
Melissa’s children were taken because of their rare genetic condition and that is why you see in this case how far they are willing to go to withhold the records from this mother and father. It is Appalling! The court has refused to give Melissa any and ALL of the documents she has asked for. Melissa Diegel’s Trial continues on July 7th 8th 9th and 10th and is scheduled to run through November of 2015 making her trial set to run for a minimum of 10 days and run over a period of 19 months. Court Watchers are needed Durango Court House Phoenix Arizona!
The court system all around the country is doing a fantastic job of NOT allowing parents Proper Due Process.
Here are 3 more cases in Arizona that involve DCS whose children were wrongfully removed:
Joey “Kangaroo” Meltzer Stolen from Lisa Meltzer after she asked the state if they had services to help her. Her rights have been severed she lost in Appeals court.
The Johnson Family has been fighting for 6 years. They lost 4 children to DCS. 2 at birth. They have lost in appeals court 3 times. Sara was unjustly put on the “central registry’ within 2 weeks of having her first disabled child taken by DCS. She has no criminal history. She was 19 at the time. The state refused to give her a hearing to get off the central registry. She has filed 80 motions. Judge Joan Sinclair in the following video said “It’s not a matter of evidence Ma’am.”
And for other cases in the United States….many times those children are kept because those kids are worth money. Title IV funding comes into play……
This child was taken from birth by Arizona DCS, this could have been your child. This child was returned 15 months later after the state maximized off of the federal funding and decided not to keep him. The father was a former police officer. Every American citizen with a child, is now in danger of having their child removed. The charge was neglect. Does he look Neglected?
In Arizona they take 35 children a day. 1:100 children are now in foster care. That does not count the adopted and the previously stolen…..
America it is time to to stand up and make your voices be heard. 1000 or 10,000 parents showing up at the court house demanding our kids back would be a sight to see. Parents are paying millions in attorneys fees and loosing. We are loosing the war on getting our kids back. Stand up America and go to the court house. Start show up in 1000’s, there is power in numbers.
I will be there on July 7th, 8th, 9th and 10th. 17,600 children have been taken from their parents in Arizona alone! I challenge all the parents! Where are you? If we showed up at the court house and demanded our kids back from the broken system they are going to have to start to listen! If you want change it requires action.
You are worth your weight in gold because YOU valued yourself that way.
Do not let others put limitations on YOU that devalue you because you matter.
One of the greatest gifts you can give yourself is self worth and courage, the third is action.
Find out much more here:
Melissa Diegel … #MelissaDiegel @MelissaDiegel