The Associated Press: A L B U Q U E R Q U E, N.M., Nov. 29 - The parents of an overweight 3-year-old taken into state custody for 2 1/2 months have put the state on notice that they intend to sue the Children, Youth and Families Department for taking their daughter. The notice from Anamarie Martinez-Regino's parents was received Monday by the governor's office, said Gov. Gary Johnson's press assistant, Monica Castellano. She said a copy was forwarded Tuesday to the Children, Youth and Families Department. The family's attorney, Troy Prichard, had no comment on the tort claims notice. A gag order has been in effect in the case since early September. Children, Youth and Families officials took Anamarie from her parents, Adela Martinez and Miguel Regino, on Aug. 25. At the time, she was 3 1/2 feet tall and weighed 120 pounds - 50 percent taller and three times heavier than the average 3-year-old. A state social worker had said the girl would die unless she followed a special diet, exercised more and used a breathing machine when she slept. State: Parents Gave Her Solid Food The state also accused her parents of feeding her solid food after a doctor recommended a liquid diet. Anamarie's parents have defended their care of their only child, and have said her weight problem is probably due to a medical condition, but doctors have been unable to find the cause. The parents admitted no wrongdoing under a court-approved agreement that returned Anamarie to her family Nov. 10. It was not known how much she weighed then. Under the state Tort Claims Act, parties intending to sue the state must give notice so they reserve their right to sue. Media organizations including The Associated Press have appealed to the state Supreme Court to lift the gag order, contending Children's Court Judge Tommy Jewell improperly imposed it and that it violates Adela Martinez's constitutional rights.

The National Association for the Advancement and Advocacy of Addicts (N4A) strongly supports Anamarie Martinez-Regino's parents in their suit against the state of new mexico. This case is another, although less obvious, case of state justified hypoic genocide. see: http://www.nvo.com/hypoism/entitledtoyouropinionnotanymore