A Georgia couple whose children were taken from them for two years following a false claim of child abuse have filed a lawsuit, arguing that the Division of Family and Children Services (DFCS) officials violated official polices in an effort to sever their parental rights.
The family's ordeal—which was investigated in a 2024 story for Reason—began in 2023, when Matt and Tuckey Hernandez took their youngest daughter, 3-month-old Emma, to the doctor after noticing some swelling on one of her legs. Matt also expressed concern about a small bruise he noticed behind Emma's ear in the previous week.
The Hernandezes' pediatrician told the couple to go to Children's Healthcare of Atlanta (CHOA), where X-rays found that Emma's leg and ribs were fractured in several places. At the hospital, Stephen Messner, a child abuse pediatrician, quickly diagnosed Emma with "non-accidental trauma," another word for child abuse.