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November 28, 2009

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Where I Stand — Janie Greenspun: Court showed no justice in Ohrenschall case

Tuesday, Feb. 10, 1998 | 10:40 a.m.

The outrageous case of Assemblywoman Eugenia Orenschall sends a bone-chilling message to every decent family in our community. If it can happen to her, it can happen to you.

What has happened to Genie Orenschall is the latest in a series of Family Court debacles, brought on by overzealous police and agents of the court and child protective services.

Nevada has extremely important laws in place which allow children to be swiftly removed from abusive homes and neglectful parents. But these laws are only as good as the people who enforce or interpret them. Genie Orenschall, because of her high profile and colleagues in the legislature can, perhaps, finally bring some sanity to a Family Court System seriously out of control. Legislative review is on the minds of more than a few legislators, especially those who were turned away from visiting Genie's daughter in the hospital, or were allowed brief visits with guards monitoring their every word.

What kind of system in this country doesn't allow a 16-year-old get well visits or phone calls from friends and family? What excuse can there be not to let a child recovering from major surgery talk to her friends?

The nightmare began for Mrs. Orenschall December 27, when she took her daughter to the hospital on the advise of a physician, who also happens to practice what has been referred to in the media as alternative medicine.

The truth is, Dr. Fuller Royal is an M.D. who practices homeopathy and other complimentary treatments as all 21st Century physicians should but that's another issue. Dr. Royal saw young Katie twice and advised her mother she should go to the hospital. Dr. Royal was but one doctor who saw the young lady over the past year and a half. Genie has taken her daughter to doctors in Carson City and Cedars-Sinai in Los Angeles. Katie was being treated for colitis.

By all accounts, Genie was diligent about getting her daughter medical care. She is described as being attentive, loving and she and her daughter have a close relationship. What went so terribly wrong?

The physician treating Katie at the hospital determined Katie had a perforated colon, which is life-threatening. When she heard life-threatening, Genie signed the papers allowing the operation. It is not clear how Child Protective Services or Metro got involved, but before you can say court order, Ms. Orenschall was charged with child neglect and her parental rights were temporarily and unceremoniously stripped away.

Genie Orenschall is allowed supervised visitation with her daughter for one and a half hours each day. She must not discuss medical procedures or alternative medicine, nor can she talk about anything relating to Metro or Child Protective Services. Both mother and daughter must submit to psychiatric and psychological testing.

Mothers of Las Vegas, has this grabbed your attention yet?

Some reports from the hospital suggest that police officer Sandy Durgin used some pretty heavy-handed techniques when dealing with this very sick child. It's been uttered more than a few times that Katie is terrified of this woman and her recovery possibly could have been compromised. Is this the best Metro has to offer?

As of the hearing February 9, Katie was released from the hospital to the care of Dr. and Mrs. Royal. Some clarity is finally emerging in this case. The court must have felt Genie sought responsible treatment for her daughter because it has released Katie to the same doctor who briefly cared for her.

Another interesting aspect of this case is that Edward Marshall, attorney for Genie Orenschall, filed a formal motion early in this case based on the public interest in alternative medicine, to open the proceedings to the media. The judge responded by closing all hearings, saying he didn't want this case tried in the media. Not even the President of the United States can get that sort of play.

As it stands now, Genie Orenschall will plead not guilty to the charge of child neglect when the court hears her case early March. She is willing to share custody of her daughter with the state, meaning she has no objection to future monitoring of her daughter's health by the state. She is as anxious as the state to return her daughter to school.

Otherwise, expect a knock down drag out fight in March. Let's hope March Madness is confined to the basketball courts and not the family court of Nevada.

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