Florida Department of Children & Families negligent for removingchildren from family

Florida Department of Children & Families negligent for removing
children from family, judge rules

Allegations against parents dropped

By Jon Burstein | South Florida Sun-Sentinel
August 25, 2007

http://www.sun-sentinel.com/news/loc...,7563353.story

The state Department of Children & Families was negligent in failing to
properly investigate two children's medical histories before accusing
their mother of intentionally making them sick, a Broward County judge
ruled Friday.

Sara Evans and her husband, Donald Evans, spent six months battling with
the state agency after DCF successfully petitioned a judge in February
2006 to take temporary custody of their two children, then ages 2 and 5.
The DCF dropped the case in July 2006, dismissing all abuse allegations.

DCF officials had argued that the children were victims of Munchausen
syndrome by proxy, a rare condition where a person deliberately makes
another sick.

But before removing the children from the home, the DCF failed to
conduct a full investigation, concluded Circuit Judge Marina Garcia-Wood
in a sharply worded decision.

"This court finds that the failure to consult with the children's prior
medical doctors and caretakers, and a careful review of all medical
records, which were extensive, and the children's medical history was,
in fact, medical neglect," the judge wrote.

The children had detailed medical records from California, where the
family had lived, and the family's doctors gave sworn statements
rejecting the abuse allegations, Garcia-Wood found. Even after the
parents supplied the records and doctors' statements to the DCF, the
dependency court proceedings continued for another three months, the
judge ruled.

"What is apparent to this court is that [DCF officials] came up with a
legal theory, i.e. that this was a case of Munchausen by Proxy, a
serious form of child abuse, and attempted to substantiate their theory
with inaccurate and misleading information," Garcia-Wood wrote.

The Evanses' attorney said they were glad the judge held the DCF
accountable for separating the children from their parents.

"[The ruling] sends a strong message to DCF in cases like this to
investigate completely what they are alleging about parents before other
families are torn apart this way or put through this ordeal," said
Michael Hymowitz, an attorney for the Evanses.

DCF spokeswoman Leslie Mann said she couldn't comment on the ruling
because the agency hasn't received the order. The DCF had argued that
the case was "a battle of medical experts," according to Garcia-Wood's
ruling.

In her decision, Garcia-Wood ordered the state agency to pay for the
Evanses' legal fees. Hymowitz said they are more than $300,000.

The Evanses have filed a federal lawsuit against three DCF officials,
alleging they violated the couple's civil rights by taking the children
away. Emily was in shelter care for 144 days and Jacob for 77 days,
until they were able to live with grandparents, according to the lawsuit.

Once the children were with their grandparents, Sara and Donald Evans
were allowed to see them but not touch them, according to the federal
lawsuit. Records indicate Emily has had a series of metabolic and
developmental problems, while Jacob had gastro-esophageal reflux.

The family now lives in a constant state of paranoia, fearing they could
be separated at any time, said Robert Buschel, one of the Evanses'
attorneys.

In the federal case, attorneys for the DCF officials argue that the
state workers acted within the scope of their jobs and did not deprive
the family of their rights.

Jon Burstein can be reached at or 954-356-4491.





CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CIVIL RIGHTS ON A
DAILY BASIS THEN ALL OTHER AGENCIES COMBINED INCLUDING THE NSA / CIA
WIRETAPPING PROGRAM....

CPS Does not protect children...
It is sickening how many children are subject to abuse, neglect and even
killed at the hands of Child Protective Services.

every parent should read this .pdf from
connecticut dcf watch...

http://www.connecticutdcfwatch.com/8x11.pdf

http://www.connecticutdcfwatch.com

Number of Cases per 100,000 children in the US
These numbers come from The National Center on
Child Abuse and Neglect in Washington. (NCCAN)
Recent numbers have increased significantly for CPS

*Perpetrators of Maltreatment*

Physical Abuse CPS 160, Parents 59
Sexual Abuse CPS 112, Parents 13
Neglect CPS 410, Parents 241
Medical Neglect CPS 14 Parents 12
Fatalities CPS 6.4, Parents 1.5

CHILD PROTECTIVE SERVICES, HAPPILY DESTROYING THOUSANDS OF INNOCENT
FAMILIES YEARLY NATIONWIDE AND COMING TO YOU'RE HOME SOON...


BE SURE TO FIND OUT WHERE YOUR CANDIDATES STANDS ON THE ISSUE OF
REFORMING OR ABOLISHING CHILD PROTECTIVE SERVICES ("MAKE YOUR CANDIDATES
TAKE A STAND ON THIS ISSUE.") THEN REMEMBER TO VOTE ACCORDINGLY IF THEY
ARE "FAMILY UNFRIENDLY" IN THE NEXT ELECTION...