Siefert v. Hamilton Cnty. Bd. of Comm'rs

354 F. Supp. 3d 815
CourtDistrict Court, S.D. Ohio
DecidedNovember 15, 2018
DocketCase No. 1:17-cv-511
StatusPublished

This text of 354 F. Supp. 3d 815 (Siefert v. Hamilton Cnty. Bd. of Comm'rs) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Siefert v. Hamilton Cnty. Bd. of Comm'rs, 354 F. Supp. 3d 815 (S.D. Ohio 2018).

Opinion

Timothy S. Black, United States District Judge

This civil action is before the Court upon the County Defendants'1 motion to dismiss Plaintiffs' complaint (Doc. 12) and the parties' responsive memoranda (Docs. 19 and 22).

*818On August 2, 2018, the Court issued an Order granting the Children's Defendants'2 motion to dismiss and granting the County Defendants' motion to stay proceedings. (Doc. 32). Plaintiffs and County Defendants have informed the Court that the state proceedings requiring abstention under Younger are completed. (See Docs. 33 and 34). Accordingly, the Court hereby lifts the stay and will now examine County Defendants' pending motion to dismiss.

I. FACTS AS ALLEGED BY THE PLAINTIFF

For purposes of this motion to dismiss, the Court must: (1) view the complaint in the light most favorable to Plaintiffs; and (2) take all well-pleaded factual allegations as true. Tackett v. M & G Polymers , 561 F.3d 478, 488 (6th Cir. 2009).

Plaintiffs Joseph and Melissa Siefert are residents of Ohio and the parents of Minor Siefert.3 (Id. at ¶ 4). Plaintiffs allege that from November 23, 2016 to December 20, 2016, they were denied their fundamental liberty interest in the care, custody, control, companionship, and management of Minor Siefert, as guaranteed by the Fourteenth Amendment. (Id. at ¶¶ 96, 127).

In November 2015, the Plaintiffs learned that Minor Siefert was suffering from depression, anxiety, and suicidal ideations. (Id. at ¶ 24). The Plaintiffs had their long-time pediatrician treat Minor Siefert with medication and therapy. (Id. at ¶¶ 24, 29). On August 11, 2016, Minor Siefert informed Plaintiffs that Minor Siefert considered themselves to be a transgender child. (Id. at ¶ 25). Minor Siefert emailed HCJFS on November 11, 2016 and informed HCJFS that they were experiencing transgender thoughts and that Plaintiffs were unsupportive and abusive. (Id. at ¶ 26). On that same day, Defendant Butler of HCJFS visited Plaintiffs' home and asked Mrs. Siefert questions regarding conditions in the home. (Id. at ¶ 28). On November 13, Plaintiffs took Minor Siefert to Children's Liberty Township location for psychological evaluation regarding suicidal ideations. (Id. at ¶ 30). Minor Siefert was ultimately transferred to Children's psychiatry facility at the College Hill location. Plaintiffs went to visit Minor Siefert at Children's College Hill facility on November 15, and received a welcome package that included information regarding Children's policies and guidelines. (Id. at ¶¶ 36-37). The Children's hospital policy provided to Plaintiffs includes a grievance process for handling disagreements with the hospital regarding issues of treatment and discharge. (Doc. 12, Ex. B - Children's Hospital Policy).4 Plaintiffs allege that the *819welcome packet did not include a nineteen-page document titled "Psychiatry Impatient Admission, A Family Guide," which stated that Children's could tell parents that they were not to take their child home if Children's found it unsafe for the child. (Id. at ¶¶ 38-39). Plaintiffs allege that they were not told of this policy at the time Minor Siefert was admitted. (Id. at ¶ 40).

Over the next few weeks, Plaintiffs consulted with HCJFS regarding Minor Siefert's treatment. (Id. at ¶ 41). At Plaintiffs' first conference with Defendant Butler, she allegedly explained to Plaintiffs that Children's would not send Minor Siefert home without permission from HCJFS, and if Plaintiffs could not take care of Minor Siefert, HCJFS "would step in and do it." (Id. at ¶ 42). Plaintiffs claim they did not "agree to allow [Children's] and HCJFS to keep Minor Siefert at Children's without their consent." (Id. at ¶ 47).

On November 22, a Children's doctor met with a doctor from Humana Behavioral Health ("Humana"), the insurance provider for Minor Siefert's treatment, to discuss Minor Siefert's case. (Id. at ¶¶ 46, 51). Based on the meeting with the doctor, Humana determined that Minor Siefert "had no acute symptoms that require 24 hour care (sic) ... [Minor Siefert] is not a danger to [Minor Siefert] or others. [Minor Siefert] is not aggressive. [Minor Siefert] is medically stable. [Minor Siefert] is not manic." Based on this finding, Humana denied coverage for further treatment of Minor Siefert by Children's. (Id. at ¶ 52).

On that same day, Plaintiffs met with Children's regarding Minor Siefert's discharge. Plaintiffs allege that Butler and Minor Siefert were supposed to attend the meeting, however Children's told Plaintiffs that Butler would not be available until November 28. (Id. at ¶¶ 53-54). Plaintiffs complain that Butler was available and was in regular telephone contact with Children's and met with Minor Siefert on November 23. (Id. at ¶¶ 55-57).

Plaintiffs contend that starting November 23, Mr. Siefert began leaving voicemail messages with Children's and left calls with HCJFS attempting to have Minor Siefert discharged from Children's to the Plaintiffs. (Id. at ¶¶ 60, 61). Eventually, Kimberly Stephens of Children's spoke with Mr. Siefert by telephone and informed him that Minor Siefert could not be discharged because Minor Siefert was not "medically cleared" and that Mr. Siefert would have to contact HCJFS to obtain Minor Siefert's discharge. (Id. ¶¶ 64-65). Plaintiffs allege that on that same day, a Children's doctor wrote in his notes that HCJFS "gave clear recommendations to not allow patient to be discharged to parents." (Id. at ¶ 67). While HCJFS allegedly told Plaintiffs that it was "actively pursuing" the case throughout the relevant time period, HCJFS never attempted to obtain a court order of custody. (Id. at ¶ 59).

On November 28, Plaintiffs, HCJFS, and Children's held another meeting to discuss Minor Siefert's discharge. (Id. at ¶¶ 69-77). During this meeting, Mr. Siefert asked what the Plaintiffs had to do to have Minor Siefert discharged, and Butler responded, "[i]t does not work that way," and that when Plaintiffs cannot take care of their child, HCJFS has to "step in." (Id. at ¶¶ 71-72). In response, Mr. Siefert allegedly demanded that Minor Siefert be discharged and argued that he could go down the hall and take Minor Siefert home, but Children's informed the Plaintiffs that that was not allowed. (Id. at ¶ 74).

Plaintiffs had another meeting with Butler and Young of HCJFS on November 30. (Id. at ¶¶ 87-91). Young allegedly explained HCJFS's policy preventing parents from having custody or association with their children when Children's or HCJFS does not approve of releasing the *820child to the parents, even without the parents' consent or a court order, and that HCJFS has to "go by what the doctors say." (Id. at ¶ 90). Ultimately, Minor Siefert did not leave Children's until December 20, 2016 when HCFJS and Plaintiffs entered into a voluntary "Safety Plan" releasing Minor Siefert to the child's maternal grandparents. (Id. at ¶ 96).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kiser v. Garrett
67 F.3d 1166 (Fifth Circuit, 1995)
Mullane v. Central Hanover Bank & Trust Co.
339 U.S. 306 (Supreme Court, 1950)
Bell v. Burson
402 U.S. 535 (Supreme Court, 1971)
Mathews v. Eldridge
424 U.S. 319 (Supreme Court, 1976)
Harlow v. Fitzgerald
457 U.S. 800 (Supreme Court, 1982)
Papasan v. Allain
478 U.S. 265 (Supreme Court, 1986)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Pearson v. Callahan
555 U.S. 223 (Supreme Court, 2009)
Rondigo, L.L.C. v. Township of Richmond
641 F.3d 673 (Sixth Circuit, 2011)
Kevin Frazier v. Edward N. Bailey
957 F.2d 920 (First Circuit, 1992)
Gregory Howard v. Herbert Grinage
82 F.3d 1343 (Sixth Circuit, 1996)
Mary Vandenheede v. Frank Vecchio
541 F. App'x 577 (Sixth Circuit, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
354 F. Supp. 3d 815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siefert-v-hamilton-cnty-bd-of-commrs-ohsd-2018.