TODAY   |  May 01, 2013

Baby taken from parents who sought second opinion

Anna and Alex Nikolayev have been reunited with their 5-month-old son Sammy, who was taken from them by police and Child Protective Services after they removed him from a hospital against medical advice. NBC’s Tamron Hall reports.

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This content comes from Closed Captioning that was broadcast along with this program.

>>> move on. emotional story that's pitting the parents of a 5-month-old boy against police. tamron is back with this.

>> good morning. this started a few weeks ago when anna and alex nicolayev took their son to the hospital in sacramento. they left without an official discharge to get a second opinion on his heart condition and then they watched as sammy was taken away before their eyes. alex and anna nicolayev relieved to hold their 5-month-old son sammy who suffers from heart murmur for as long as they want. something they were unable to do just a few days ago. he was taken by police and child protective service after the couple removed him from sutter memorial hospital against medical advice .

>> i said, i want to go to a different hospital . she said, if you want to go, your son will be here. i took my son, put him in a stroller and walked out of the hospital .

>> reporter: after getting a second opinion on his condition at near bay kaiser hospital , sammy was cleared to go home with his parents. the next day police came to their house and took sammy away, all captured on home video , taken with anna 's camera.

>> i did not know where my son was. they ripped my baby out of my heart, like out of my hands and walked away. i did not know what to do. where to start. where is he?

>> this is a case that violates a fourth amendment violation and 14th amendment violation.

>> any doctor, any hospital , anyone, doesn't have the right to make decisions about a child's health care .

>> reporter: at a court hearing earlier this week, a judge ruled sammy be brought to the hospital at stanford for evaluation and his parents regained control of his medical treatment , but also stated the parents must follow all medical advice moving forward and not remove their son from the hospital without proper discharge.

>> we've been asking is that we get treatment in a different hospital , that we're going to have a second opinion. that's all we've been asking for and we got it.

>> reporter: sacramento county child protective services told nbc news, the law is clear. if there is imminent risk of serious physical harm to the child and there is insufficient time to obtain a court order to remove the child from the care of the parents, the social worker or law enforcement officer can remove the child. and sutter memorial hospital released a statement saying, our nurses and physicians are bound by duty to call authorities if they believe a pediatric patient's health is in danger. we fully support the judge's decision and are confident the family will receive an excellent second opinion. sammy is awaiting his transfer, but for anna and alex , having time with their son is enough for now.

>> he closed has eyes for a second and then he opens his eyes right away and he looks to the side and he looks at me, okay, she is there.

>> anna and alex are not done with the courts yet. their next court date is set for may 28th . and they have to let child protective services come for a visit when sammy is home from the hospital .