"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.
Hit the link and read the story. This part stands out for me for two reasons, one that if the parents had been indigent their respective lawyers would get $1,000 for saving the family from tragedy, and two, that when I myself was a DCF attorney I used to tell my clients that there are two sides to "liability", and it really isn't always best to err on the side of child removal. This is a good illustration of the other side of the liabilty coin:
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.
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