Couple whose baby was taken by DCFS wins suit against city

http://www.chicagotribune.com/news/local/chi-baby-lawsuit_both_04jul04,0,1155854.story

By Steve Schmadeke | Chicago Tribune reporter
11:31 PM CDT, July 3, 2008

A federal jury in Chicago awarded $4.2 million Thursday to a West Side couple whose infant was taken into protective custody for more than 8 months after two Chicago detectives allegedly “lied” to state investigators, the couple’s attorney said.
The city denied that the two officers had acted improperly and argued that their actions played no role in the decision by the Department of Children and Family Services to place the 6-month-old girl in foster care, according to a Law Department spokeswoman. She said the city is disappointed with the verdict and reviewing its legal options.
On Nov. 15, 2005, the owner of an in-home day-care center called Jose L. Duran and his wife, Evelyn Torres, to report that their 6-month-old daughter was crying uncontrollably, according to the couple’s 2006 lawsuit. Hospital X-rays revealed their firstborn child had two broken arms, according to the complaint.
DCFS launched an investigation and contacted Chicago police. The suit states that the two detectives investigating the case incorrectly administered polygraph tests to the parents and then did not fully disclose the results to DCFS. Torres was given the exam in English although she requested Spanish and her attorneys argued that the police withheld other information, leading DCFS to place the child in protective custody.

Their child was returned in September 2006 after prosecutors dropped their petition to declare the girl a ward of the state. Jurors deliberated for about 12 hours before returning the verdict Thursday afternoon, the couple’s attorney said. The child, now 3, was awarded $2.5 million. Her parents were awarded $850,000 as were the family’s attorneys.
sschmadeke@tribune.com

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22 thoughts on “Couple whose baby was taken by DCFS wins suit against city

  1. I have, along with several others, investigated cps and their illegal practices. They lied in my case and it was FOR THE MONEY! I had formerly asked for temporary help with my grandson. They took him, built a case against his mother, who didn’t even have him at the time, and it has emotionally affected her. If she sees a picture of her son, she will burst into tears. She misses him dearly and so do we all. They never sought out ANY family members. They just saw a beautiful blue eyed little boy with dimples and curley blonde hair and just wasn’t going to let go of them; so they bull s’d their way through the whole ordeal and adopted him out to some single mom who was wearing short skirts and tall boots. I fought for years while they stood back and laughed and made money! Even my attorney who was court appointed admitted that she knew that they (cps) lied all the way through this. Money should never have been an incentive; it’s ruining people’s lives and that include the children because when you hurt the parents, in essence, you hurt the child! Places to visit:
    dr. shirley moore, in you tube
    dr. carley (talks about the adhd fraud)
    fightcps.com

    People can also contact me. I have joined the long list of angry parents and grandparents who have been investigating this ever since.

    Thanks,

    Debra

    • It is very disturbing to watch people lie in open court. While you are helpless to do anything about it. Knowing that your children don’t understand why this is happing to them. In my case I was accused of abuse and neglect, which never happened.

      This is a long story that I’ll be explaining in up coming post and on a blog I’m starting. I’m taking back my rights and my son, (daughter is turning 18). That is all I’ll say at this time, but it will be a national news event and the whole country will know my story. This is just before the Government elections and I want to embarrass the Governor for allowing hundreds of millions of dollars being wasted in a corrupt system.

    • My kids were taken from my care Nov. 2009. My oldest was 3 and youngest 12 weeks when DCFS came to the home and removed them after I was unlawfully arrested. I was strickly nursing the 12 week old. It has been 7 months and I have done everything LSS, Lutheran Family Service has asked, demanded I do, and I still only see both children for 2 hours a week in a supervised visit. My oldest son is distraught, they live with a lesbian couple which DCFS calls a tradtional home. We are catholic. I’m appalled by DCFS action against my kids, they say they have childrens best interest at heart but I dont see that. Breast is best, children should be with there mothers during such important times of emotional development. I guarantee that if this could happen to me. It can Happen to YOU!

      • as a parent (even if you are putting your child up for adoption) you have the right to say what religious household your child will go to.

    • Im so sorry for what you and your child have gone through I completely agree. Thanks you tell your story.

    • I to had my boys taken by CPS while the were not even with me! They had been staying with my mother for a few weeks because of a tragic death of my 15 ur old son. The boys oldest brother. After h dying I knew I wasn’t capable of giving my youngest boys everything they needed . However I did seek out grief couseling for us all to attend immediately following. They lied the entire time through it all ! Even on he stand multiple times that can by proven easily! My babies were taken from me a month following his death and then again from my mother last week who had been caring for them for 4 months and forced to live with their father 7 hours from where we live who has had anything to do with them their entire life. Who also has an extensive criminal history and has facing jail time for his 3rd dwi that was just 3 months ago! The judge over my case was forced to make this ruling in her words I quote ” because CPS did not do their job !” I need help! My babies must be returned home! They have called repeditivly begging for is to come get them ! Their lives are in danger !

      Kaylasackman1@gmail.com

  2. please contact at 2245356695 adout to file law suit against s state of ill. & dcfs children taken on dcfs lies that can be proven. will be going to the press

    • catholic social servivce has taken my grandchildren!there mom was on presc. meds after losing her husband to cancer.after going off drugs which counselors say she is a different person(for the better)and has done all there counseling,drug rehab,and drug testing(all clean)they are still trying to prove her unfit and we dont no what else to do!we have a lawyer but i think he needs help fighting this casetime is running out(oct.5)court date.please help!!!!

  3. My granddaughter was taking after her boyfriend hit the 4 mo old baby. My daughter was at school when this happen. The first hospital said no broking bones, but sent as to a child hospital which said to 2 rips were broke on paper work we have all records. The dcfs say the there is 4 rips and many old breaks (NO DOCTOR REPORT SAYS THIS) and took the baby saying that my daughter have notice this other break. This baby has been to ever doctor and wic app and no one see her hurt. She didn’t even cry at the hospital or bruise were this rip were broke. We have been told BY ALL LAWYER that the only one who has ANY RIGHT IS DCFS NOT EVEN THE JUDGED HE JUST DOES WANT THEY SAY. The judged did have addition n breaks removed off the case and she was at school when the other happed but yet they still have the baby and still keep saying that the old breaks are way. What the point of the judge remove it when dcfs make all decisions.

    • I live in canton ohio I have 2 kids both of my kids are in foster care here in ohio my case worker want my kids to be put for adoption my kids grandmother live in cook county il my kids grandmother had a home study done for placement of my 2 kids the chicago il denied her of placement we have to stop cps & family court cps ia all about money & lies I would like to everyone to contact me we are all fighting the same fight to save all of our kids my e-mail is kindnessohio33@yahoo.com we have to stop cps NOW please everyone contact me aspa

      • my son was taken dcfs on information that has been fabricated and based on false information and public records from hospitals and court transcripts can prove otherwise. Need help from anybody you could refer,” need legal representation.” Also court appointed public defender has not done one thing that i have asked her to do to defend me in this case not even assign an investigator to investigate records to disprove otherwise. A right i would believe a mother should have.

  4. I WAS ATTACKED BY A DOCTOR. I WENT TO ER. I MADE A POLICE REPORT ON HER. SHE CALLED THE DCFS HOTLINE(THE POLICE NOTIFIED HER I WAS AT HOSPITAL) AND MADE A FALSE DCFS REPORT. SHE SAID “I BEAT MY KIDS FROM HEAD TO TOE.” THE DCFS REPORT SAYS UNFOUNDED! BUT IT SAYS I WILL BE INDICATED SINCE I’M MENTAL(BIPOLAR). I AM NOT BIPOLAR!I NEED A LAWYER TO PRESS CHARGES AGAINST THIS DOCTOR. I GAVE THEM PROOF THAT I AM NOT BIPOLAR AND NOW THEY LIED. THEY SAID THEY WILL BE RETURNED APRIL 30,2010. NOW MY NEXT COURT DATE IS MAY 11TH! THEY KNOW I’M INNOCENT AND WON’T STOP! THEY SAID THEY ARE PURSUING CASE AGAINST ME! THEY TALKED TO ALL 4 KIDS AND THEY ALL SAID I NEVER BEAT THEM! I WAS ASSAULTED ON APRIL3,2009 AND I AM SUFFERING GREATLY. HELP

  5. I am also a torn mother whse son was kidnapped from me by DCFS. They took my son said it was neglect becasue I lived with my father. MY father had previous allegations against him for sexual abuse to his stepdaughter and physical abuse towards his stepson. We were in foster care for 2 years when i was 10-12 yrs old and my brther was sent hme first becasue my father did everything dcfs required him to do.
    Now 8 yrs later my son is taken for neglect for living with my father. My son was in dcfs care for 3 years. I recieved minimal help from dcfs when they knew i had no family byt my father to help, i had JUST been diagnosed with rheumatoid arthritis throughout my entire body and was no longer recieving medical assisstance since my son was no longer living with me.I had nowhere to live stable outside my fathers home and had turned 18 yrs old 1 month prior. I forced to give my son for adoption to his paternal grandmother becasue thy said after tree yrs thats it and I have two options.. Either give my rights or have them terminated and be seen as an unfit parent. My son was then shipped to spokane washington to live with his father who is a convucted child abuser. The washington cps wont do anythng.. dcfs wa informed and did noting. continued to gve the grandmther financial asiistance for 3 years until i pushed harder but thats it. they stopped the funds and then did nothing. I need my son home and its now time to fight DCFS. My son should have never been taken fromme in the first place and they should have helped me instead of kicking me wile i was down.. anybody ready for a fight please contact me!!

    • me and my son were well taken care of by my father. He never laid a hand on em or my son in a physical nor sexual manner. NEVER!! I was 14 when i was pregnant with my son. My moter disowned me and put me on the streets and my father was there 100%.

  6. Long story short, Last November A case worker from dcfs showed up at my door, Very shocked i invited her in where she explained that they had recieved an anonymous call saying that i vas neglecting my 2 boys. The city was wrong when called and and said i lived in a farm house. Right away the case worker told me this case was going to be unfounded(I live in a lovely subdivision, and a trilevel house far from a farm house.) That case was unfounded, and she advised me to write springfield and request this call in be yellow flagged for if this girl would call it in again. My Fiancee was paroled out of prison last month, Never had any problems with dcfs, and is a wonderful loving father to our kids, Just had a rough last year. Again I have dcfs show up at my house last friday, in which this girl has called yet AGAIN! although this time She called the wrong county that i live in and told them i lived in a town that is over 30 minutes away from me.Clearly if this girl doesn’t know where i live, obviously she has NEVER been to my house or ever been around my children and i, (she didn’t even have their names right) How does she know what goes on in my household. As the first investigation went the lasy came in , asked to see my home, she interviewed me , asked for other people that had been around my children an i’s names and phone numbers so she could interview them, she gave me paperwork explaining what was going on for the most part, what their protocol was. When this happened last week i was completly blown away, I lost my entire life in the matter of 2 hours, My fiance and My sons dad was removed from the home, then the lady from dcfs came in and started talking, she didn’t tell me what the report had said just that my children were being neglected, she didn’t ask to see my house, i got no paperwork from her, she told me withhin the first 10 minutes she was here that they were puttin my boys into a “saftey plan” I lost my mind. My 2 year old has never been away from me more thatn a night at a time, he doesn’t go to a daycare, he went through enough that day watching daddy be taken, My 7 year old just started back to school , and as for him he was 2 years old before he was ever left longer than 2 hours with anyone. Both my boys are mommys boys, and they are my life, I work full time, as well as doing internet classes, so my boys were put with my mother for the weekend. Monday was suppose to be our “sit down” at the dcfs office, NOTHING could have prepared me for what they had to say, Before we walked into that room they had thier minds made up, They took my kids from me, without hesitation. I freaked out, trying to explain my boys don’t stay away from me for more than a night at a time, my son had just started back to school what about him. My mom has to be to work at 6 every morning, my 2 year old has never been in a daycare. What about them.. And the supervisor told my mother and i , well you’ll just have to transfer him to a different school.. Ok then when i get my kids back he’ll transfer back to his school. She said thats what we would have to do… Really?? But you want to keep things as normal as possible. They have NO reasons to actually take my kids from me, There were/are no signs of neglect, ( and trust me these kiddos are far from neglected) I devote my whole life to my kids to make sure they have everything they need and pretty much everything they want. Everything i do is for them, They took my kids on sold accusations! By a girl who this is her 2nd time calling on us, To get even.

  7. I know how you all feel. I was going through a divorce and knew no one here, none of my family lived in Illinois. DCFS stepped in and took my children. I had complied with everything that they wanted but there was always something else that needed to be done. Everything that I ever said was twisted and made to sound like I had issues with drinking and drugs. I had made mistakes in my life but I never harmed my kids. For almost 3 years I endured my kids being shuffled from one home to another. I was only allowed weekly visits for 2 hours but it always ended up that they said I never showed up. I would be told to be at one place but they would say that I knew they were somewhere else and that I would never answers their calls when they tried to call me. I would try to reshecdule but there was always an issue that arose, like the foster parents could not bring them a particular day or that there were no case workers available to supervise. Before my kids were taken all that I wanted was to leave the state with them so that I could go back home to my family but they would not allow me to. I was told in the end that I could either continue to fight DCFS which in the end they would win or I could voluntarly sign over my rights and get to choose where my kids would be placed. I choose to voluntarily sign my rights over and choose my sister to take my kids. I have not seen them in 10 years. I have recently learned that at the time this happen to me I was not the only one but there were thousands of kids that were removed and placed in foster homes and later adopted out. I learned that these case workers made money off that. I was glad to hear that some of the families we able to get their kids back before they were adopted out but in my case I am not a lucky one. I lost all of my rights because I did not have a lawyer to help me keep my kids. I live with pain everyday and wonder about their lives and how much I have missed out on. I know that my oldest will be 18 in a few months and I know then that I will get to see him. All that I can do is sit and wait and hope that he will want to find me. This is not fair to the families that this happened or happens to.

  8. You people need to stop letting them into your home, I was accused of neglect on an allegation of me not feeding my baby, I knew they were full of it and just wanted my baby because it’s half white and I’m a black mother married to a white man and unfortunately lived in racist northern IL, they thought they could put allegations on me of not having food just on me being black, on the aliby that ”someone in another town over and it’s becoming a common problem amongst young single black mothers” they never stepped foot in my home nor handeled the case in a timely manner. Psssh…my baby is a whopper in the 90th percentile! Well fed always has,I’m a married christian, yeah I’m young, working class middle income, somewhat conservative on frivilous spending most young people in their early 20′s love shopping buying clothes the freedom of being grown, spending money on fads and partying, it’s our business if we live a very different life and how much we make a year, judging me souly upon profiling of my race and generally people in my age group do has nothing to do with me. What kind of parents are you to let strangers in your home when you have children? your job is to protect your babies, not caring who the person is at your door, I wouldn’t care if they said it was Santa Claus and had gifts for all the kids in the town, they could’ve been anybody, they don’t even dress in uniform,nor do they carry a badge. It’s kind of like a scam they run where they make you believe you have to open the door for them and let them in,if you’re not guilty, you wouldn’t submit to their actions especially on your own property. If this happens again or could potentially happen to someone you care about, I recommend you call the police immediatly, to at least confirm they’re who they say they are, because they’ll try and make things what they want to believe and exaggerate the truth to get that bonus pay they’ll send the cops if you’re too stupid to call them on your own to find out what this stranger is at your home for, be sure the police is there with them, so they don’t come in and snatch your kids without a clear valid reason. They’re not above the law. As far as I’m concerned they’re bottom feeders, they never protect real kids being abused, they might remove them from the parents or the foster home, but then return them right back to the truly abusive parents or switch them to another abusive foster home. They never want a real challenge so they find the easiest targets, ignorent parents, who think they’re in it for children and believe they have to let them in. ever hear the stories about the big bad wolves and all the deceit and trickeries growing up??? didn’t your parents ever read to you??? No one should care about your kids more than you care about them. There is nothing in the world like a Mother love along with the love of a Fathers love, to all the involved fathers, who dcfs is always bias about and don’t even acknowledge your presents. Hope you all learned something. God Bless

  9. I understand how all of you feel my heart goes out to each one. I have also and currently have problems with DCFS. Back in 2010 they remove my kids two from school and one from home the tried to charge me with neglect on three of my childre although I have four. When they took my children they place all three of them with my oldest grandmother even though she had no relation to the other two. They told me that they had two days to take me to court so I could go before the judge, that never happen one day two of my children being gone my mother contacted them to ask if she could get the kids, their agent Pam told her that they did not have an open case on me and as far as they were concern the kids had been remove and placed with their dads case close. I retreive my oldest child but due to DCFS help wit my other kids father I then had to go to court for his motion. Once that ended I went on a rollercoaster back and fourth to court for 5 and 10 mins. Unnecessary evaluations for mental health, wanting me to take partenting classes a bunch of non sense. I went through about 8 or nine saftey plans and non of them made sense. it was a rel stressful time it was comming to the point where they were telling me were my kids can and can’t go, when they can and can’t leave. I fought them ppl for 10 long months i won my case the judge said case close do you knw as of today they still have my case open on June 6 the case would be close for a year yet DCFS say they still have a open case. Stay strong on the strong surive don’t let the system break you take ur control back from them I beat them at their own game it’s a head game with them ppl play back but play smart call ur congressman, aldermans talk let ppl knw what you are going through, fight back and fight hard. Plus use them for all their services the more you use the faster they want to get rid of you. I won on my own no lawyer (I had though she aint help i had to do all the work) fight and fight hard

  10. DCFS IS THE BIGGEST LIER’S TO LISTING TO THEY ARE A BAD PEOPLE WHEN SOME ONE TRY’S TO BREAK UP A MOTHER AND FATHER THAT’S BAD ON PEOPLE I AM A NEW MOTHER IN PEORIA , IL

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