Babysitter Confesses to Crime, but Parents Still Can’t Regain Custody
Mariah Ramirez holding her son, Daniel, who was removed from the home when it was determined he had been violently shaken; a babysitter has since confessed to the crime, but the baby remains in protective custody. (Photo: Facebook)
Missouri parents Mariah Ramirez and Derek Podany have been living a surreal nightmare since late July, when their 5-month old son was mysteriously diagnosed with shaken baby syndrome — and removed from their home by Child Protective Services as a result. Now, even though a babysitter has confessed to the crime, baby Daniel remains in protective custody.
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“It’s just upsetting that right now there’s been a confession and we still don’t have him back,” Ramirez told Fox 2 in St. Louis. “It’s been really hard on us, and my son, who had his injury and then was taken from his parents.” On his Facebook page, Podany replied to a friend’s message about the situation by writing, “Thanks bud, we gotta be strong and patient.”
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Ramirez declined to speak with Yahoo Parenting, as she had been advised to wait until the babysitter is convicted. The family’s lawyer, Adam Burkemper, did not immediately return a phone call seeking comment from Yahoo Parenting.
But according to the local report, the trouble started on July 22, when a “close friend” (who remains unnamed) of Ramirez’s spent the day babysitting Daniel. Upon their return home, the parents found their son lethargic and vomiting but assumed it was a stomach illness. When his condition worsened, they rushed him to the hospital and were told he had a subdural hemorrhage (blood on the brain as a result of head trauma), bleeding behind his eyes, and two fractured ribs — all signs that a baby has been abused through violent shaking.
His mom and dad were stunned — especially when, as a matter of routine in shaken baby cases, they were told Daniel would not be allowed to go back home with them once he was released from the hospital. Instead, he was placed in the protective custody of his grandmother. Eventually, though, Ramirez received a call from a fellow mom she hardly knew, telling her that the babysitter had confided to her about shaking Daniel the day she was with him. Shortly after that, the babysitter confessed to St. Charles County police.
“I mean, we really trusted her and never thought this would have happened,” Ramirez said.
Meanwhile, Daniel — whom doctors expect to make a full recovery — remains away from his parents, who are left to simply wait for a conviction. According to a spokesperson for the St. Charles County prosecutor, the case is “under review,” leaving her unable to comment on its status. A spokesperson for the Missouri Department of Social Services, meanwhile, tells Yahoo Parenting the specific details of this case are confidential. In general, she notes, “Under Missouri law, the final decision to remove a child from the parents’ custody can only be made by a Juvenile Court judge. If there is a concern that a child may be in imminent danger, then a law enforcement officer, a physician, and a juvenile officer have the authority to place a child in temporary protective custody.”
Still, if someone else has confessed to shaking baby Daniel, why must he remain away from his mom and dad? According to Randall Kessler, a Georgia-based family law attorney and past chair of the American Bar Association’s Family Law Section, Ramirez and Podany’s forced limbo is not uncommon in this type of situation. “Until authorities are clearly convinced that the parents are innocent, they will err on the side of safety,” he says. “If [the separation] lasts longer than needed, over a day or more, the parents may well file a suit for their child — likely a habeas corpus action, meaning, literally, ‘produce the body.’”
The standard of removing an infant from his or her home when shaken baby syndrome is suspected varies by state. “But it is very common,” Kessler notes. “The first thing to do is to protect the child from further potential harm.”
As a way to avoid such a devastating situation, he advises parents to exercise extreme caution when choosing a babysitter they’re not completely sure of. “Use background checks,” he suggests. “Come home early.” And if you live in a state that permits nanny cams, use one. “Or even tell the babysitter there is a nanny cam,” he says, “just to keep them from this type of conduct.”
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