20FL010940C

Medical Decision-Making

3 min read

Medical Decision-Making

Description

Unilateral decisions by Jennifer affecting the health and care of Ellanore Nibley (Daughter) and Jack Nibley (Son) — and any failure to include Charley in those decisions as joint legal custodian — in violation of Stipulated Judgment ¶¶19–20 and FC §3025. Read broadly. Includes both affirmative unilateral acts and exclusionary omissions (failing to inform, consult, or invite participation when joint custody requires it).

Operative event categories in this case

  1. Pre-hold gatekeeping (03/24/2026, Black Mountain Middle School). When Jennifer was called to the school during Ella’s mental-health crisis and was offered the option to place Ella into voluntary care herself before MCRT initiated the W&I §5585 hold, she made that decision (and its non-exercise) without consulting or notifying Charley. The pathway to involuntary detention by Savannah Gracey, LCSW was reached without Charley being told the crisis was occurring.
  2. Post-hold notification failure (03/24/2026). Jennifer failed to notify Charley of Ella’s 72-hour W&I §5585 hold until after the fact. The detention started 11:57 AM 3/24/2026 per the DHCS 1801; Charley was not informed contemporaneously. Note that under §5585.50 the facility has its own duty to make every reasonable effort to notify a parent — Jennifer’s failure is independent of that, and concerns her duty as joint legal custodian under ¶¶19–20.
  3. Discharge-stage exclusion (03/27/2026, Aurora Behavioral Health). Jennifer was notified by Aurora at approximately 1:00 PM on 3/27/2026 that Ella was being discharged (per her own ¶13 sworn statement in EX13 - 2026-04-03 - Jennifer’s sworn allegations of child physical abuse). Charley was excluded from discharge planning and from the discharge itself; he was at school for the regular afternoon pickup of Jack while Jennifer was conducting a unilateral post-discharge excursion.
  4. Ongoing psychiatric and therapeutic care exclusion. Provider selection, scheduling, intake, treatment direction, and information flow for Ella’s post-hospitalization care — including Dr. Kelsey Stevens (Psychiatrist) (LifeStance), Mending Matters, and any successor or adjunct provider — handled without joint consultation, with Charley brought in (when at all) by the providers’ own offices rather than by Jennifer.

General categories (non-exhaustive)

  • Physical/medical care: pediatric appointments, urgent care, ER visits, specialist referrals, diagnostic testing, lab work, imaging, dental, vision, audiology, allergy, surgical or invasive procedures.
  • Mental and behavioral health: therapy, counseling, psychiatric evaluation, psychological testing, crisis services, in-patient or out-patient mental-health programs, and selection or replacement of any treating clinician.
  • Pharmacological decisions: prescriptions, dose changes, discontinuations, refills, OTC regimens with clinical implications, vaccinations and immunization scheduling.
  • Care-team composition and information control: appointing, hiring, replacing, or terminating any provider, “Care Team,” “Treatment Team,” “Support Team,” or care coordinator; gatekeeping records, portals, or provider communications; refusing or delaying release of medical information to Charley as joint legal custodian.
  • Health-adjacent decisions made through medical framing: school accommodations or 504/IEP processes driven by clinical claims, dietary or nutritional interventions framed as medically necessary, sleep/behavior protocols issued under provider authority.
  • Holding out medical authority Jennifer does not possess (e.g., asserting recommendations from a “team” without identifying the clinician, or treating her own preference as a medical directive).

Linked exhibits

See base view “Exhibits by Violation Type” filtered to this category.

Updates last pushed to vault: April 27, 2026 at 6:31 PM PT

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