Parenting

Saturday, December 5, 2009

Photography or pornography? Kids seized over bathtime photos

A picture from the Demaree's vacation, released by their lawyer.

A picture from the Demaree's vacation, released by their lawyer.

File this under things you wouldn't believe could happen, but did.

Last year, Lisa and Anthony Demaree took their three girls--ages 5, 4 and 18 months--on a vacation to San Diego, returning with the hundred or so usual vacation photos, which they turned in to Walmart for developing. And then their children were seized.

Yes, seized. By Child Protective Services. According to the Arizona Republic, the Demarees did not see their kids for several days, and didn’t regain custody of them for a month, during which they were investigated for “sexual abuse.”

The evidence against them? Bath time photos.

That’s right. Photos of the kids in the bath. Naked, as kids often are in the bath, at least if you’re trying to get them clean. Photos which, according to the state Attorney General’s office, were no better than pornography.

Now the couple, once under investigation for “sexually abusing” their three daughters by taking the photos, is suing Walmart and the state of Arizona for the stress, shock, grief and depression caused by the incident.

Does it matter that all charges were eventually dropped? That the Demaree’s were reunited with their children, and had a chance to explain to their friends, family and neighbors the root cause of the accusations against them?

Of course it matters. Most reasonable members of society can understand the vital difference between taking photos of you kids playing in the tub and creating sexually explicit content starring minors. So what took the state of Arizona so long?

It's really hard to know. To be fair, cases like that of the abused and killed Chandler child, also reported by the Arizona Republic, can scare the bejeezus out of anyone, especially the state officials charged with protecting kids against abusive parents and guardians. But if taking pictures of kids naked in the bathtub is tantamount to producing pornography, then just about every camera-toting parent on the planet is a criminal and could have their kids seized. Is that appropriate?

More on this:

Motherlode: Are Bathtime Photos Pornographic?

Free Range Kids: Kodak Moment or Kiddie Porn?

Syndication:

From the Community…

Comments 1-10 of 123
  • springtime's Avatar
    Posted by springtime Mon Sep 21, 2009 10:42am PDT

    It's hard to know what happened without seeing the photos. If the kids were "posed", the law takes a second look at those types of photos. However, this certainly should have been cleared up within a few days.. not a month. Child porno is rampant these days, so I'm really not surprised.

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  • Jenn's Avatar
    Posted by Jenn Mon Sep 21, 2009 10:49am PDT

    wow - just about everyone I know parents should have the book thrown at them since we all have those lovely naked photo's of ourselves as babies...

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  • Jay's Avatar
    Posted by Jay Mon Sep 21, 2009 10:57am PDT

    Well, from looking at that one picture in the article, as a parent I have to confess that I have taken similar pictures of my child and thats not porn. OMG what has the world become. Can't people tell the difference. Its really sad what society has become and who can really blame the authorities, they are just trying to stop the abuse of children which is so rampant now. Its really sad that they would go after the good parents and so many times miss the ones obviously abusing the kids. I truly feel for these parents.

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  • Leah's Avatar
    Posted by Leah Mon Sep 21, 2009 10:58am PDT

    This is rediculous..and scary as hell! What parent out there has not taken a picture of their kids in the bath...or a naked butt on a todler who escaped mid diaper change?

    Somewhere, somehow, someone has to use a little God given common sense!

    I would never use that Wal Mart and I would tell all my friends to not get their film developed there!

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  • Casey's Avatar
    Posted by Casey Mon Sep 21, 2009 11:45am PDT

    Sad, sad day when authorities cant tell the difference between child porn and funny pictures of your kids!

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  • Tara's Avatar
    Posted by Tara Mon Sep 21, 2009 12:02pm PDT

    Wow! I don't know a parent who doesn't take the normal bath photos. I can not believe those children were held for so long. That had to be traumatic for them to say the least. Despicable!

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  • HOTCHICK's Avatar
    Posted by HOTCHICK Mon Sep 21, 2009 12:38pm PDT

    OMG That is sad, what is the world coming to?

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  • sandra's Avatar
    Posted by sandra Mon Sep 21, 2009 12:56pm PDT

    Wow, how scary. I have taken pictures of my daughters in the tub while they are splishing,splashing just having a blast, and I think it's the most adorable thing in the world. Not pornographic! How demented do you have to be to view something so innocent like a bath picture in that nature? This story made me sick to my stomach.

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  • Jacklyn's Avatar
    Posted by Jacklyn Mon Sep 21, 2009 1:34pm PDT

    Child Protective Services has far too many arbitrary powers! They took my friend's special needs son. Her ex was tired of paying his at home nurse AND child support, so he called CPS and said her house was too dirty. This witch showed up and, I kid you not, took him because there were dished in the sink, and a pile of CLEAN laundry in a chair. (It needed to be folded.) Oh, and his nurse hadn't drained the bathtub after his bath, and my friend did not know, as she had just gotten home from her FIRST job. Three weeks later, at the court hearing, the judge threw it out. (Luckily, my friend had been smart enough to grab a camera and make the social worker stand in front of the alleged "filthy areas" and take photos.) My ex tried to say my husband and I were "starving" our daughter, because if she wouldn't eat what we fixed for meals, oh, well. She still got two snacks and two other meals a day, so I didn't think skipping a meal once or twice a month would hurt her. We got investigated, and were forced to sign a "safety plan" agreeing to feed her something SHE wanted instead of what we cooked, or else they would take her. Then my ex used the "safety plan" as an excuse to file for emergency custody. Three months later, when I agreed to drop child support... he signed her back over and hasn't had much to do with her since. The state lets people manipulate the system to take away the children of good parents, but gives "parenting classes" to my daughter's dad when he slammed his current wife against the wall by her throat in front of their kids. (He has joint custody of them.) It's total crap, and I'm sick of it.

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  • FallingSpider's Avatar
    Posted by FallingSpider Mon Sep 21, 2009 2:10pm PDT

    at one time parents had the right to raise their children as they saw fit without undo government interferance. The result was that a lot of children were abused, so the gov gets involved and children are now being abused in a different way. (personally I call ripping children away from loving families abuse)There has got to be middle ground somewhere.

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