Keating, O’Gara has filed a federal civil rights lawsuit (viewable here: amended-complaint.pdf) to vindicate the rights of the Anaya family of Omaha.

On October 11, 2007 without warning or notice, the State of Nebraska removed baby Joel Anaya, then just 5 weeks and 4 days old, from the family home even though there were no emergent medical circumstances.

From The Guardian:

Suit Says Baby’s Seizure Violated Rights
By ANNA JO BRATTON
Associated Press Writer

OMAHA, Neb. (AP) – A Nebraska couple sued state health officials Thursday, arguing their rights were violated when their newborn baby was seized by sheriff’s deputies so a mandatory blood test could be performed.

Joel Anaya, who was almost 6 weeks old, was kept in foster care for six days until the tests came back negative earlier this month.

His parents, Mary and Josue Anaya, believe that the Bible instructs against deliberately drawing blood and that ignoring that directive may shorten a person’s life. State health officials “conspired to deny the Anayas their rights of due process, and to seize and test baby Joel without notice or a hearing in district court,” according to the filed in U.S. District Court in Omaha.

“This is a classic case of the government overreaching and violating a family’s constitutional rights,” said Jeff Downing, the couple’s attorney.

The Anaya family is not seeking damages, but they want to ensure that this won’t happen again if they have more children.

It’s the first time in Nebraska a child was taken from parents to draw the drops of blood from the baby’s heel for the screening, said Marla Augustine, spokeswoman for the state Department of Health and Human Services. Nebraska is one of four states – South Dakota, Michigan and Montana are the others – that doesn’t offer a religious exemption for parents who don’t want the test performed.

Health officials say the newborn screening program is one of the state’s most cost-effective public health programs. The newborn blood test – usually performed within 48 hours of birth – screens for dozens of rare diseases, some of which can cause severe mental retardation or death if left undetected.

Last year, out of 26,819 babies tested, 537 tested positive for one of the dozens of diseases, and 43 of those results were confirmed, according to the state’s Newborn Screening Program.

Augustine said Thursday that state officials had not seen the lawsuit and would have no comment.

The decision to seize Joel Anaya and test him was made by Douglas County prosecutors who have said they only did what was necessary to protect the baby’s health.

When the Anayas’ daughter Rosa was born in 2003, a hearing was held in Douglas County District Court and the couple voiced their objections. The state Supreme Court eventually turned down their arguments, but Rosa never was tested.

This time, the county wanted to make sure the testing was completed, said Nicole Brundo Goaley, a deputy Douglas County Attorney. So the county got an order from a juvenile court judge to test the baby.

Sheriff’s deputies came Oct. 11 to take the child, who remained in foster care until tests came back Oct. 16. During that period, social workers let Mary Anaya nurse her son several times a day.

Scott Voorhees of KFAB Radio interviews Mary Anaya and attorney Jeff Downing here.