Saturday, July 5, 2008

Couple whose baby was taken by DCFS wins suit against city

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 prosectors 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.

Link - Couple whose baby was taken by DCFS wins suit against city --

My Two cents..

4.2. Million? and they got the baby back...

Ok we'll accept that and not rip DCFS a new one on this posting.


Anonymous said...

Better clean up your act CPS thugs, these lawsuits are only going to be on the increase, especially when attorneys see the kind of contingency fees they can earn!!!

Ha, ha, ha! You lose, CPS!!!

Louise Uccio said...

Sadly, it's not about the contingency fees.. if it were EVERY-ONE of us would have awesome representation.

These atorney's get PUNISHED for representing litigents that have gotten screwed.. or worse they get disbared!

The system is fit like a glove for each to cover up the others abuses..(of us the people) it's so sad.

Anonymous said...

Congrats to this family. Although Im sure no amount of money can replace the time with the baby God gave YOU!
It's a small victory I know...but I hope it's the START of a NATIONWIDE investigation into these cases. Not to mention, a FAMILY LAW REFORM.

To that poor family that won, please don't forget about us parents who are still trying to get our kids back. Please, if possible, become a "parent advocate" or help by visiting the family court in your area, and share your story with depressed, and hopeless parents who are still fighting.
That would be a tremendous help.
If I didn't have JESUS CHRIST in my life, I would not have been able to bear it.
But because His promises are SURE, my hope is in Him and He WILL glorify Himself in my case.
Just wait!!!!
Thank and acknowledge God for returning your children.

Anonymous said...

There is a couple that has a young boy who was taken from his mother because the foster dad is a chicago cop and the foster mom works for a not for profit company in chicago.
the foster mom can't get pregnant and they think its normal to keep this poor little boy from his parents. the foster dad was sent to anger management classes by the court because he said they make more money than the biological parents.These two foster parents are so awful. how can they get theirs?seems like the lord has spoken by making it impossible for her to get pregnant so they have told lies to the court to get this little boy. they have the boy call them mommy and daddy. am i crazy or is this sick?