State of Michigan Seizes Boy after Father Gives Him Mike's Hard Lemonade, Unaware it Contains Alcohol
April 30, 2008 01:01 PM
by
findingDulcinea Staff
A couple temporarily lost custody of their son after the father accidentally bought him an alcoholic lemonade drink at a baseball game.
30-Second Summary
When Christopher Ratte bought his son Leo, 7, lemonade at a Detroit Tigers game, he did not expect to face an accusation of negligence and lose his son to foster care.
Ratte, a professor of archaeology at the University of Michigan, purchased a beer for himself and a bottle of lemonade for his son, not realizing that the lemonade was actually Mike’s Hard Lemonade, an alcoholic beverage.
A stadium guard approached Mr. Ratte during the ninth inning, and asked Ratte if he knew he was serving his son liquor. "You've got to be kidding," he replied, trying to read the bottle. But the guard “snatched it before Ratte could examine the label,” the Detroit Free Press reports.
Leo Ratte was rushed to the hospital in an ambulance after complaining of minor nausea. Blood tests revealed no trace of alcohol in his system.
Child Protective Services (CPS) of the Michigan Department of Human Services took Leo into custody and refused to let him speak to any member of his immediate family for three days.
According to a lawyer who aided the Ratte family, Don Duquette, “The Michigan standard for the emergency removal of children from their parents does not reflect current constitutional law on a federal level, which requires proof of immediate danger to a child.”
Ratte later stated, “I feel that this was a massive overreaction to our case, and I think that everyone would have to conclude that.” He and his wife have filed a formal complaint with the CPS ombudsman’s office.
Meanwhile, several states are drafting legislation that would make drinks of this type, known as “alcopops,” less accessible to minors.
Ratte, a professor of archaeology at the University of Michigan, purchased a beer for himself and a bottle of lemonade for his son, not realizing that the lemonade was actually Mike’s Hard Lemonade, an alcoholic beverage.
A stadium guard approached Mr. Ratte during the ninth inning, and asked Ratte if he knew he was serving his son liquor. "You've got to be kidding," he replied, trying to read the bottle. But the guard “snatched it before Ratte could examine the label,” the Detroit Free Press reports.
Leo Ratte was rushed to the hospital in an ambulance after complaining of minor nausea. Blood tests revealed no trace of alcohol in his system.
Child Protective Services (CPS) of the Michigan Department of Human Services took Leo into custody and refused to let him speak to any member of his immediate family for three days.
According to a lawyer who aided the Ratte family, Don Duquette, “The Michigan standard for the emergency removal of children from their parents does not reflect current constitutional law on a federal level, which requires proof of immediate danger to a child.”
Ratte later stated, “I feel that this was a massive overreaction to our case, and I think that everyone would have to conclude that.” He and his wife have filed a formal complaint with the CPS ombudsman’s office.
Meanwhile, several states are drafting legislation that would make drinks of this type, known as “alcopops,” less accessible to minors.
Headline Link: ‘Hard lemonade, hard price’
Christopher Ratte bought his son a bottle of Mike’s Hard Lemonade at a Detroit Tigers game, thinking it was regular lemonade. The innocent mistake turned into a battle over custody when the Michigan Child Protective Services kept Leo from his parents for three days.
Source: The Detroit Free Press
Reactions: Michigan CPS eager to accuse
Detroit’s ABC News affiliate interviewed Christopher Ratte about the experience. According to his account, the hospital found no alcohol in Leo’s blood, and the child was “alert, oriented and playful.” Ratte explains, “The hospital staff had a very different read than the police involved. They clearly believed that what I was saying was true … but the police felt justified in taking extreme action. … The way our case was handled was really injurious to our child.” Ratte and his wife have filed a formal complaint with the CPS ombudsman’s office, the piece reports.
Source: WXYZ Detroit, ABC News affiliate
The Ann Arbor News spoke with Don Duquette, a University of Michigan clinical professor of law and director of the child advocacy law clinic who was instrumental in reuniting the Ratte family. According to the piece, “Duquette said that cases of unwarranted emergency removal are common [in Michigan], and ‘one of the main problems with our child protection system is that it doesn't nicely differentiate between cases where there’s serious harm and cases where there’s not.’”
Source: Mlive.com [Ann Arbor News]
Related Topic: States get stricter about liquor
The New York Times reported in 2007 that many teenagers find their way to alcohol by drinking “alcopops”: drinks like Mike’s Hard Lemonade, Smirnoff Ice and Zima, which taste like soda but “offer the kick of a cocktail.” Lawmakers and activists in California, Maine, Illinois, Arkansas and Nebraska are all working to have these “training” drinks reclassified as hard liquor, which will make it more difficult for minors to purchase them.
Source: The New York Times
California's State Assembly approved Bill AB 346, The Prevention of Youth Access to Alcoholic Beverages with Special Appeal to Minors Act of 2007, which would require specific labeling regarding alcohol content on certain beverages and mandate that they be physically separated from nonalcoholic beverages by at least five feet. The legislation is currently stalled in the California State Senate.
Source: The Marin Institute
In a 5–0 vote, Utah's Alcoholic Beverage Control Commission ordered the drafting of regulations to require that all malt beverages and similar drinks be sold only in liquor stores, and with stricter label requirements. The move, which would remove these drinks from convenience store shelves, is supported by the Utah Attorney General, who believes that the products are specifically marketed to minors.





