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Judge: DCF failed to investigate family before taking children
THE ASSOCIATED PRESS
FORT LAUDERDALE, Fla. — A judge has found the state Department of Children & Families negligent in failing to properly investigate the medical histories of two children before accusing their mother of intentionally making them sick.
Sara and Donald Evans lost custody of their two children, then 2 and 5, after the agency said they were victims of Munchausen syndrome by proxy, a condition where a person deliberately makes another sick. One child was placed in shelter care for 144 days and the other for 77 days in 2006 before being allowed to go live with grandparents.
“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, ” Broward County Circuit Judge Marina Garcia-Wood wrote in a decision Friday criticizing the agency’s performance.
The children had records from California documenting their legitimate medical problems, and the family’s doctors had given sworn statements rejecting the abuse allegations. But DCF failed to consider those records, continuing dependency court proceedings three months after the family provided the documentation. The agency later dismissed all abuse allegations in July 2006.
“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.
Garcia-Wood ordered the agency to pay for the Evans’ legal fees.
The family has also filed a federal lawsuit against three DCF officials, alleging they violated the couple’s civil rights by taking the children away.
DCF spokeswoman Leslie Mann said she could not comment on the ruling. DCF had argued in court that the case was “a battle of medical experts.” In the federal case, attorneys for the DCF officials have argued that they acted within the scope of their jobs and did not deprive the family of their rights.
One of the Evans’ children had a series of metabolic and developmental problems; the other had gastro-esophageal reflux.”
